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(영문) 대법원 2016.06.28 2015다23871
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

After comprehensively taking account of the adopted evidence, the lower court determined that the remaining portion of the Plaintiff’s loan claims against the Defendant was KRW 12,000,000 and damages for delay on the following grounds:

① From the loans based on the second proof, KRW 10,00,000 remaining loans owned by the Plaintiff were appropriated and extinguished for the same amount as KRW 53,00,00 that the Defendant and his wife remitted to the Plaintiff on November 8, 2011. ② The Plaintiff’s assertion that the Plaintiff additionally lent KRW 34,381,000 to the Defendant or C during the period from December 28, 201 to May 4, 2012, excluding KRW 12,00,000, there is insufficient evidence to acknowledge the remainder. ③ In light of the relevant legal principles and records, there is insufficient evidence to support the Plaintiff’s assertion that the Plaintiff lent KRW 127,105,000 to the Defendant or C with another person’s money, the lower court’s fact-finding and judgment is reasonable, and there is no error in the misapprehension of the rules of evidence, as otherwise alleged in the grounds for appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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