logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.11.21 2019나33041
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On April 1, 2009, the Plaintiff deposited KRW 15,000,000 with the Defendant’s name account at C’s request (hereinafter “instant loan”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff received a request from the Defendant for the transfer of the instant loan to the Defendant’s account because it is economically difficult for the Defendant around March 2009. Since C at the time was the Defendant to repay the instant loan, the Plaintiff eventually lent the instant loan to the Defendant, and the Defendant must repay the instant loan to the Plaintiff.

B. The Defendant did not borrow the instant loan from the Plaintiff, and only received money from C with the Defendant’s account.

3. As seen in the above basic facts, the Plaintiff may recognize the fact that the Plaintiff deposited the instant loan into the Defendant’s account upon C’s request. However, such circumstance alone is insufficient to recognize the fact that the Defendant borrowed the instant loan from the Plaintiff, and there is no other evidence to acknowledge it.

(4) In conclusion, the Plaintiff’s claim should be dismissed on the ground that there is no reason to believe that the Defendant had confirmed the intent to borrow or repay the instant loan at the time of paying the instant loan.

The judgment of the first instance is just based on the conclusion, and the plaintiff's appeal is dismissed as it is without merit.

arrow