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(영문) 수원지방법원 2016.09.22 2016나4164
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. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is as follows: (a) except where the evidence of “No. 3 and No. 4 of the first instance judgment No. 2” was written with “No. 2” with “No. 3 and No. 4 of the first instance judgment; and (b) it is identical to the part of the reasoning for the first instance judgment; and (c) thus,

B. In particular, a loan for consumption under the Civil Act is established solely by an agreement between the parties to a loan for consumption, and a loan for consumption is not established only when the borrower receives money, etc. in reality, or acquires economic benefits such as the actual acceptance of money. However, if a loan for consumption is established, the lender shall deliver money to the borrower, and the borrower shall bear each obligation to return the money agreed upon upon when the due date arrives. However, in this case where there is no other evidence to prove that the Plaintiff performed the obligation to deliver money pursuant to a loan for consumption with the Defendant, it is difficult to view that the Defendant is liable to return the money agreed upon to the Plaintiff.

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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