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(영문) 인천지방법원 2017.03.14 2016나7074
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, on October 8, 2012, the Plaintiff leased KRW 12,00,000 to the Defendant on or before the due date on or before January 8, 2013, the Defendant is obligated to pay to the Plaintiff the borrowed amount of KRW 12,00,000 and delay damages from the day following the delivery of the authentic copy of the payment order.

However, there is no circumstance or circumstance in which the defendant borrowed money from the plaintiff as alleged by the plaintiff, regardless of the relation between the plaintiff and the defendant's awareness and the defendant in the pleading process, and there is no other evidence to acknowledge that the plaintiff lent KRW 12,00,000 to the defendant merely with the statement of evidence Nos. 1 and 3.

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, so the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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