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(영문) 수원지방법원 2020.10.08 2019나57848
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. A summary of the Plaintiff’s assertion (1) The Plaintiff paid a total of KRW 40 million to the Defendant who operates the Crchitectural Design Office. Of these, KRW 10 million paid in cash on May 28, 2013, and KRW 10 million paid to the Defendant’s employee’s account on August 9, 2014, the Plaintiff paid KRW 10 million paid to the Defendant’s employee’s account on September 2014 and KRW 10 million paid on or around November 2014, as a design cost related to KRW 10 million and KRW 10 million paid on or around the account of the Defendant’s employee’s employee’s account.

(2) At the time of payment of KRW 20 million in the name of the introduction cost as above, the Defendant agreed to return the full amount of the introduction cost when the sales contract between the Plaintiff and the buyer is terminated. Since the sales contract related to the above four parcels was terminated after then, the Defendant shall return the introduction cost to the Plaintiff in accordance with the above agreement.

2. As to the above Plaintiff’s assertion, the Defendant asserts that there was no agreement to return money from the Plaintiff when the sales contract was rescinded (the Plaintiff asserts that all the money received is the name of the design cost). The Plaintiff did not submit objective evidence as to the fact that the said amount was paid in the name of the introduction cost or agreed to return it. The witness F’s testimony is most related to the fact that most of the witness D and 11 lots of land in Gwangju City.

Therefore, the plaintiff's assertion is without merit.

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

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