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(영문) 서울중앙지방법원 2015.05.27 2014나47732
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "B, as the site director of the plaintiff company, has carried out each of the above works" in Part 11 of the second judgment of the court of first instance; and "B, as the site director of the plaintiff company, has carried out each of the above works" is as stated in Part 3(a) of the judgment of the court of first instance, except for the dismissal as described below, and therefore, it shall be cited as it is in accordance with the main sentence of

2. The part to be mard;

A. The circumstances that can be seen by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 7 and 10, Eul evidence Nos. 17, Eul's testimony of the party witness Eul, namely, Eul appears to have performed construction with authority and responsibility for concluding contracts, receiving payments, and raising construction costs with respect to the construction of the machinery and equipment that the plaintiff received from the plaintiff among the construction works of the F apartment Construction in the above M apartment Construction in the above accepted city. Upon Eul's request, the plaintiff remitted KRW 20,511,967, which is part of the above construction advance payment received from the same city construction company, to the defendant, and the plaintiff argued that there was no contact with the defendant as well as before transferring the above money to the defendant, and there is no evidence that the defendant requested the plaintiff to lend money from the plaintiff, and the defendant did not have any contact with the defendant as to the above amount No. 20,511,967 won transferred from the plaintiff, and there is no evidence to acknowledge that the plaintiff paid the money to the defendant.

3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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