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(영문) 제주지방법원 2019.01.16 2018나1032
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

The Plaintiff asserts that, on March 16, 2017, the Plaintiff lent KRW 4 million to the Defendant and KRW 4,100,000 to April 10, 2017, KRW 4,100,000,000,000 to the Defendant, and that the Defendant is obligated to pay the remainder of KRW 3,100,000 to the Plaintiff and the damages for delay.

According to Gap evidence No. 1, the plaintiff may recognize the fact that he remitted KRW 4 million to the defendant's account on March 16, 2017, and the fact that the plaintiff paid KRW 100,000 to the defendant on April 10, 2017 is not disputed between the parties, but it is insufficient to recognize that the plaintiff remitted or paid the money to the defendant as above to the defendant as a loan, and there is no other evidence to acknowledge this otherwise, the plaintiff's assertion is without merit.

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

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