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(영문) 대구지방법원 2020.11.18 2020나307809
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. The Plaintiff’s assertion that the Plaintiff lent KRW 1,58,500 to the Defendant on June 12, 2007, KRW 200,000 on November 9, 2009, and KRW 200,000 on December 8, 2009, and thus, the Defendant is obligated to pay the Plaintiff a total of KRW 1,558,500 and delay damages.

2. The plaintiff's assertion that he lent money between the parties to the judgment, even if there is no dispute as to the fact that he was given money between the parties to the judgment, has the burden of proof as to the loan.

(2) According to the reasoning of evidence Nos. 1 and 2 (see Supreme Court Decision 2014Da26187, Jul. 10, 2014). According to each of the above evidence Nos. 1 and 2, the Plaintiff is deemed to have remitted the amount as alleged by the Plaintiff to the account of the Defendant or the Defendant’s spouse at the same time as alleged. However, the circumstance that the Plaintiff could have known in full the purport of each of the above evidence, Nos. 1, 2, and 3, and all of the arguments, i.e., the Defendant was transferred from the Plaintiff to the Defendant’s account because the Plaintiff had worked as the pharmacist of the pharmacy operated by the Plaintiff for a certain period of time, and the Plaintiff applied for the payment order against the Defendant on May 1, 2008, while the Defendant applied for the payment order against the Defendant on the said assertion, the Defendant was a loan of KRW 5 million, 3.5 million, and the Plaintiff did not have any other evidence to acknowledge that the Plaintiff changed the Plaintiff’s claim.

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

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

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