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(영문) 서울중앙지방법원 2015.07.22 2015나3401
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

The Plaintiff asserted that the Defendant’s representative director D and his husband E lent KRW 10 million to the Defendant on June 29, 2013, KRW 10 million on or around December 5, 2013, and KRW 20 million on or around December 5, 2013, through a comprehensive delegation made by the Defendant’s representative director D and his husband E with respect to the operation of the Defendant Company, but the Plaintiff’s testimony as corresponding thereto is difficult to believe in light of the entries in the evidence Nos. 1, 4, and 6 and the testimony of the witness E., and it is insufficient to recognize it only with the result of a response by the head of the new banking business support center of the court of the first instance as to the order to submit financial transaction information at the court of the first instance, and there is no other evidence to acknowledge it otherwise. The Plaintiff’s assertion is without merit.

Therefore, 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 thus it is revoked by the defendant's appeal and dismissed the plaintiff's claim. It is so decided as per Disposition.

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