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(영문) 대전지방법원 2015.06.19 2014나17167
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that: (a) on March 18, 201, KRW 4,00,00; (b) KRW 5,000,00 on March 29, 201; (c) KRW 50,000 on March 31, 201; (d) KRW 1,50,000 on April 4, 201; and (e) KRW 50,000 on April 15, 201; and (e) KRW 0,00,00 on KRW 0,00 on April 15, 201; and (e) KRW 0,00,00 on KRW 10,00 on April 26, 201; and (e) KRW 5,00,00 on KRW 5,00 on April 27, 201; and (e) KRW 50,50,01 on May 30, 2015;

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 14,400,000 (=31,500,000 - 17,100,000) and damages for delay.

B. In full view of the purport of the entire pleadings as to the statement No. 1, the fact that KRW 40,500,000 has been deposited in the Defendant’s account from March 18, 2011 to June 17, 2011, as alleged by the Plaintiff, from the account in the name of the Plaintiff, to the Defendant’s account in the name of the Plaintiff, is recognized.

However, the defendant asserts that the above money was deposited in the defendant's sales price for the factory operated by the defendant or the disposal cost received from the waste disposal business entity, and that it was not borrowed from the plaintiff. The above money is insufficient to recognize that the plaintiff lent the above money to the defendant, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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