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Reasons
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(영문) 서울북부지방법원 2017.05.19 2016나4523
손해배상(기)
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1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. On April 8, 2015, the Plaintiff deposited KRW 2,610,00 in the Defendant C’s account.

B. D, on April 7, 2015, issued promissory notes with the face value of KRW 3,000,000 on August 15, 2015, the payee’s face value.

C. D deposited KRW 380,000, totaling KRW 380,000 on April 24, 2015, and KRW 180,000 on April 30, 2015, as the number of days to the Plaintiff.

D. On April 7, 2015, D issued a promissory note of KRW 3,000,000 at par value, and written confirmation of the fact that D agreed to pay 36,000 won per day to the Plaintiff for 100 days per day.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff loaned KRW 3,00,000 to the Defendants by deducting the interest of KRW 390,000,000, and paying KRW 2,610,000. As such, the Defendants are jointly and severally liable to pay the said amount.

B. The following circumstances, known in light of the facts of the above recognition, namely, D’s issuance of promissory notes with face value of three million won in the future of the Plaintiff.

In light of the fact that the Plaintiff agreed to pay 36,000 won to the Plaintiff by the number of days during 100 days, and that the Plaintiff deposited money in the Plaintiff’s passbook under the direction of Defendant B, and that the Plaintiff did not prepare documents confirming the loan relationship, such as the loan certificate, ③ the Plaintiff and the Defendants, the mere fact that the Plaintiff deposited KRW 2,610,000 in the passbook of Defendant C is insufficient to recognize that the Plaintiff lent the above money to the Defendants, and there is no other evidence to acknowledge otherwise.

3. Thus, the plaintiff's claim against the defendants shall be dismissed as there is no ground.

The judgment of the first instance is just in conclusion, and thus, the plaintiff's appeal against the defendants is dismissed.

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