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(영문) 부산지방법원 2015.04.17 2014나15740
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 defendant.

Reasons

1. On January 28, 2013, February 28, 2013, and March 28, 2013, the Plaintiff deposited KRW 9 million in the account under the name of the Defendant in total, each of three million on March 28, 2013, and thereafter received KRW 2 million from the Defendant’s mother C.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 2, purport of whole pleadings]

2. The plaintiff's assertion and judgment

A. The plaintiff alleged as joint and several sureties lent KRW 9 million to C for the payment of the fraternity. Among them, 2 million won was returned from C and the remainder was not received. Thus, the defendant is liable to pay the remainder of KRW 7 million as a joint and several sureties.

B. Although the fact that the plaintiff asserted that KRW 9 million was deposited into the account in the name of the defendant, and that the defendant allowed C to use the above account, the defendant also recognized the defendant. However, such circumstance alone does not admit the fact of joint and several liability of the defendant, and there is no other evidence to acknowledge it.

3. In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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