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(영문) 서울고등법원 2016.01.28 2015나7239
대여금 반환
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 reasons for the court's explanation in this decision are as stated in the reasoning of the judgment of the court of first instance except for the second to twelve parts of the judgment of the court of first instance as follows. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【In a case of remitting money to another person’s deposit account, etc., the remittance may take place based on various legal causes. Thus, even if there exists a fact of transferring money to another person’s deposit account, such fact alone cannot be readily concluded that the remitter had agreed to lend the money to the account holder. However, if the entire purport of pleading is added to the statement in the evidence No. 1 and the testimony in the first instance trial witness D, it is insufficient to acknowledge the fact of lending money as alleged by the Plaintiff solely on the following grounds: (a) the statement in the evidence No. 1 and No. 2; and (b) the circumstances alleged by the Plaintiff up to the trial in the first instance trial; and (c) there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.

2. Conclusion, the plaintiff's appeal is dismissed as it is without merit.

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