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(영문) 서울남부지방법원 2020.09.24 2019나63971
어음금
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasons for the court’s explanation in this case are as follows, and therefore, it is consistent with the reasons for the judgment of the court of first instance except for the dismissal of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

The second instance judgment of the first instance court stated that “the Defendant received reimbursement” from “the Defendant” through “the payment was made”, and that “The Defendant received KRW 598,426,400 from July 16, 2010 to July 23, 2014, whichever was paid KRW 585,726,40 for repayment.”

The third part of the first part of the judgment of the court of first instance is "the parent-child of the plaintiff" as "the parent-child of the defendant".

Not only the third party decision of the first instance court, but also the third party decision of the first instance court, and the defendant and D shall pay not less than one billion won in excess of the principal and interest of the loan to the plaintiff at the time of the preparation of the notarial deed of this case, and there is no obligation to cause the notarial deed of this case."

Part III through IV of the decision of the court of first instance shall be stated in the following order:

B. 1) In the event of a transfer of money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such transfer was made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there is no dispute as to the fact that money was given between the parties, the Plaintiff’s assertion that the lending was made has the burden of proving that the lending was made (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 197; 2014Da26187, Jul. 10, 2014; see, e.g., Supreme Court Decisions 2012Da30861, Jul. 26, 2014>

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