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(영문) 서울중앙지방법원 2020.10.22 2019나73910
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

The Plaintiff asserts that the Defendants are jointly and severally liable for the repayment of the said loan to the Plaintiff, on August 20, 2014, upon receiving the request from Defendant B to lend money to the Defendant C’s account because it is difficult to make a living due to delay in raising rebuilding-related funds.

According to the records in Gap evidence No. 1, although the plaintiff transferred 5 million won to the defendant Eul's account, it is not sufficient to recognize that the plaintiff lent the above money to the defendants, and there is no sufficient evidence to acknowledge the plaintiff's assertion in light of the following circumstances, which are acknowledged by the purport of the entire argument in the statement Nos. 1 and 2, namely, the loan certificate, etc. between the plaintiff and the defendants, and there is no evidence to support the plaintiff's assertion as to the circumstances of lending 5 million won, while there is no evidence to support the plaintiff's assertion, and the fact-finding certificate (Evidence No. 1) corresponding to the defendants' assertion that the plaintiff remitted 5 million won to the defendant Eul's account.

Therefore, the first instance judgment dismissing the Plaintiff’s claim is legitimate, and all appeals against the Defendants are dismissed.

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