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(영문) 서울중앙지방법원 2015.10.16 2013나58735
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: (a) lent KRW 12,00,000 to D on September 3, 2012; and (b) D again lent the said money to B; (c) D did not repay the said money to the Plaintiff; (d) D’s obligee, who claimed subrogation of D, is obligated to refund the said amount of KRW 12,00,000 to the Plaintiff.

2. First of all, the plaintiff's 12,00,000 won claim against D, i.e., the right to claim the return of 12,00,000 won for D's subrogation claim, and the evidence Nos. 1 (cash car certificate) as shown corresponding thereto, cannot be used as evidence, since there is no evidence to acknowledge the authenticity, and it is not sufficient to recognize that the plaintiff has a subrogation claim against the plaintiff's claim on August 24, 2012 only because the plaintiff holds a copy of B's resident registration card, a certificate of personal seal, a family relation certificate, and a copy of the resident registration certificate (Evidence No. 4-1 through 4) issued on August 24, 2012. Since there is no other evidence to

(A) The obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s insolvency is required to preserve the obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s insolvency, and the Plaintiff’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s obligee’s assertion is not justifiable in this respect, and thus, the Plaintiff’s claim of this case is dismissed

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