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(영문) 서울동부지방법원 2015.05.13 2014나6642
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 Plaintiff’s assertion is a female student of C, and the Defendant, who is the former spouse of C, requested to lend his/her living fund after divorce, and loaned KRW 2,8730,000 for several times from July 8, 2009 to September 20, 201.

Therefore, the defendant is obligated to pay 2,8730,000 won and damages for delay to the plaintiff.

2. According to the evidence Nos. 1, 209. From July 8, 2009 to September 20, 201, the Plaintiff may recognize the fact that the Plaintiff transferred a total of KRW 2,853,000 to the Defendant’s account in the name of the Defendant. However, each of the evidence Nos. 2 and 3, which the Plaintiff appears to correspond to the Plaintiff’s assertion that the said money was lent to the Defendant, is difficult to believe that the Plaintiff’s work bonus was paid from the Plaintiff, or that it was the Defendant’s husband’s statement, and there is insufficient evidence to acknowledge the Plaintiff’s assertion on the sole basis of each of the evidence Nos. 1, 4, and 5.

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

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