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(영문) 서울고등법원 2019.05.01 2018나2064109
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, and thus, citing it as it is by the main text of

However, with respect to the grounds for appeal added by the plaintiff in the trial, the following judgments shall be added.

2. Judgment on the ground for appeal by the plaintiff

A. The Plaintiff asserted that money was donated to the Defendant on the condition of supporting the progress of official service.

However, since the defendant did not properly implement the above conditions, the plaintiff cancelled the donation contract and sought the return of unjust enrichment against the defendant.

B. Whether there is an agreement between the other party to the gift on the other party’s assumption (Article 561 of the Civil Act) or on the other party’s assumption of a separate obligation in relation to the gift has the intention to conflict with the other party’s desire to bring about legal effect, and whether such agreement was made by an express or implied indication by words, actions, etc., and the party’s assertion of its existence must be attested.

(see, e.g., Supreme Court Decision 2010Da5878, May 27, 2010). The statement of evidence Nos. 1 and 2 is insufficient to recognize that the Plaintiff donated money to the Defendant on the condition of supporting the Defendant’s progress. The Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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