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(영문) 서울서부지방법원 2018.05.17 2018나279
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted and determined that around 201, the Plaintiff lent KRW 7,000,00 to the Defendant and sought the return of the loan to the Defendant. Thus, according to the Plaintiff’s evidence No. 1, the Plaintiff may acknowledge the fact that the Plaintiff sent the bank account under the name of the Defendant to the Defendant for KRW 2,00,000,000 on March 22, 201, and KRW 5,000,000 on July 1, 201. However, there is no evidence to support the fact that each of the said money is the Plaintiff’s loan to the Defendant, and rather, according to the purport of the Plaintiff’s statement No. 1 and 2 as well as the entire arguments and arguments, each of the said money is deemed a loan to the Defendant’s husband, and thus, the Plaintiff’s assertion cannot be accepted.

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, it is so decided as per Disposition by accepting the defendant's appeal and cancelling the judgment of the court of first instance.

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