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(영문) 서울고등법원 2017.05.11 2016나10867
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Since the plaintiff alleged that he lent KRW 300 million to the defendant, it is not sufficient to recognize that the plaintiff lent KRW 300 million to the defendant, in light of the fact that the plaintiff transferred KRW 300 million to the account under the name of the defendant on April 28, 2006, but did not prepare a disposal document by asserting that the plaintiff transacted with the defendant who did not have any awareness of intention. In light of the above fact of remittance alone, it is insufficient to recognize that the plaintiff lent KRW 300 million to the defendant, and there is no other evidence to prove otherwise.

Thus, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance, which has different conclusions, is unfair, so it is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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