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(영문) 부산지방법원 2015.10.08 2015나40743
대여금
Text

1. The plaintiff's appeal against the main claim is dismissed.

2.(a)

upon such preliminary claims as may be added at the trial.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserts that the Plaintiff lent KRW 1,751,610 to the Defendant on October 25, 2013. However, the Plaintiff’s evidence No. 3 denies the establishment of the authenticity, on the other hand, cannot be used as evidence due to lack of evidence to acknowledge the authenticity, and the remainder of evidence submitted by the Plaintiff alone is difficult to readily conclude that the Plaintiff lent the said money to the Defendant.

The plaintiff's assertion on this part is not accepted.

B. Comprehensively taking account of the overall purport of the statements and arguments in Gap 2, 10, 18, 19, and 31 copies of the preliminary claim for return of unjust enrichment (including the serial numbers), Eul, the president of the said medical corporation, agreed on the issue of the payment of wages to the employees of the said hospital and the representative director of the said medical corporation, who had transacted in medicine to the said hospital at the time of October 15, 2013. Ultimately, the plaintiff was paid the amount of wages to the above hospital employees in the manner of direct lending to the above hospital employees. Accordingly, in the above hospital, the above hospital agreed with E, stating that the employee would not request the return of the loan to the employees, and accordingly, the above medical corporation did not raise an objection to the management right on the loan borrowed by the obligee as the plaintiff as the plaintiff (the plaintiff did not raise an objection after deducting the benefits from September 1, 2013). However, the plaintiff transferred the above amount to the above medical corporation employees and the above medical corporation employees on October 13, 19, 2015.

On October 25, 2013, the above facts of recognition and the amount equivalent to the Defendant’s benefits.

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