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(영문) 수원지방법원 2019.07.10 2018나89190
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On November 28, 2016, the Plaintiff asserted that: (a) lent KRW 10,000,000 to Nonparty C, the Defendant’s mother, and (b) remitted KRW 10,000,000 to the Defendant’s account designated by C.

The Defendant is obligated to pay KRW 10,000,000 to the Plaintiff.

2. Even according to the plaintiff's assertion, the above party who lent the above KRW 10,00,000 to the plaintiff is merely C, and the defendant is merely a holder of the account that received the above money, and it cannot be recognized that the defendant bears the above obligation to return KRW 10,00,000 to the plaintiff.

Therefore, the plaintiff's assertion is without merit without further review.

3. Thus, the plaintiff's claim shall be dismissed as it is reasonable.

The judgment of the first instance court with the same conclusion is justifiable, and the plaintiff's appeal against it is dismissed as it is without merit. It is so decided as per Disposition.

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