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(영문) 서울중앙지방법원 2016.01.13 2014나54945
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff listens to the statement from the defendant that it is necessary to use the money as the purchase price of a motor vehicle, and asserts that he/she seeks to return it because he/she lent KRW 24,00,000 to the defendant on July 18, 2007.

On the other hand, the defendant argued that he was aware of the plaintiff through C, and that C borrowed money from the plaintiff, but he was merely receiving money through the defendant's account.

The plaintiff transferred KRW 24,00,000 to the account under the defendant's name on July 18, 2007, but it is not sufficient to recognize that the defendant borrowed money from the plaintiff solely on these facts, and there is no other evidence to acknowledge this otherwise.

Rather, according to the certificate of fact Nos. 6 and 7 (C) there is room to view that C has made a request to deposit money from the plaintiff to the defendant's account.

Therefore, the plaintiff's assertion is not accepted.

If so, the plaintiff's claim is rejected, and the judgment of the court of first instance is unfair because it differs from this conclusion.

The defendant's appeal disputing this is accepted, and the judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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