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(영문) 부산지방법원 2018.11.30 2018나1893
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments;

A. The plaintiff's assertion that C and the defendant as the defendant's attached 17,700,000 won were lent to the defendant (hereinafter "the loan of this case"). Since the defendant and C jointly agreed to repay the above loan to the plaintiff, they claim that the defendant is liable to pay the above loan to the plaintiff.

B. The defendant's assertion was merely made from around 2005 to C, a person with bad credit standing, by lending a passbook under his name, and the defendant who was a minor at the time of the lending of this case did not receive the lending of this case from the plaintiff or as a joint and several surety for the lending of this case.

2. According to the reasoning of the judgment below, Gap evidence No. 1, the fact that the plaintiff remitted a total of KRW 17,700,000 to the head of the Tong under the name of the defendant for seven times from February 2, 2010 to November 28, 2011 can be acknowledged, but it is difficult to recognize that the plaintiff immediately lent the above money to the defendant, and otherwise, the plaintiff lent the above money to the defendant.

There is no evidence to prove that the defendant agreed to jointly repay the above loan.

Therefore, the plaintiff's assertion is without merit.

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

The judgment of the court of first instance is unfair in conclusion with different conclusions, so it is so decided as per Disposition by accepting the defendant's appeal.

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