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(영문) 인천지방법원 2018.04.17 2016나13895
대여금 및 임대료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought a refund of the loan to the Defendant and the payment of rent and public utility charges due to the use of the office, and the court of first instance dismissed all the Plaintiff’s claim.

In regard to this, the plaintiff's appeal is clearly made only for the principal portion of the loan claim, so the subject matter to be tried by this court is limited to the principal portion of the loan claim.

2. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, it is recognized that the Plaintiff remitted KRW 10,000,000 to the Defendant around October 30, 2014 (hereinafter “the instant money”).

However, in full view of the following circumstances, evidence Nos. 8, 34 and evidence Nos. 1, 2, 3, 4, 7, and 12 (including serial numbers), and evidence Nos. 1, 3, 4, 7, and 12 of the first instance trial witness C, D, E, F, G, and H’s testimony, and the court’s order to submit financial transaction information to corporate banks, and the whole purport of the arguments, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant borrowed the instant money from the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

1) On July 3, 2014, the Defendant between the Plaintiff and the I company (hereinafter “I”)

(2) On August 1, 2014, the Defendant: (a) drafted a work agreement for web activation; (b) the primary content is “to permit the Plaintiff’s I Web copyright to the Defendant; and (c) the Defendant actively supports the Plaintiff’s I Web business; and (d) on August 1, 2014, entered into a contract for the development and alliance of the web service with respect to the construction of a server necessary for I to the Ordi Program J, which is promoted between I’s representative director D, and the development of the website and mobile display system (hereinafter “instant contract”).

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