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(영문) 서울북부지방법원 2017.12.13 2017나34897
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserted that, on August 19, 2014 and August 20, 2014, the Plaintiff lent a total of KRW 124,00,000 to the Defendants, and sought the return of the said loan to the Defendants.

2. The following circumstances revealed by the respective statements and arguments as stated in Gap evidence Nos. 1, 5, Eul evidence Nos. 2, 3, and 5, namely, the plaintiff had a large number of monetary transactions with defendant Eul, and allowed them to use the plaintiff's account to Eul. In the case of monetary transactions in this case, the money deposited from Eul to the new bank account (E) under the plaintiff's name was transferred to defendant Eul as it is. The defendants lent the money borrowed from Hyundai Capital Capital around October 2012 to Eul, and they were returned (the remittance transaction was only made in the plaintiff's name because the money was lent to the plaintiff's account at the time). In light of the above circumstances and the fact that defendant C's loan transactions conform to the defendants' assertion, it is insufficient to recognize the facts of the plaintiff's assertion.

Therefore, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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