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(영문) 부산지방법원 2017.11.02 2017나2714
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. The reasoning of the court's explanation concerning this case is that the plaintiff in the second part of the second part of the judgment of the court of first instance was used as "the defendant", and the plaintiff's decision on the part claimed in the court of first instance is as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the judgment on the part

[Supplementary part] The Plaintiff asserts to the effect that, based on the fact that the amount of KRW 14 million and KRW 15 million deposited from the account in the name of the Defendant to the other account in the name of the Defendant was deposited each on November 25, 2015, the Plaintiff is the Plaintiff’s borrowed money against the Defendant, and the remainder of KRW 14 million deposited are claims against the Defendant, and thus, the Plaintiff did not make double claims against the Defendant for the same claim against the Defendant.

According to the statement of evidence No. 3, from the defendant's account to another account under the defendant's name on November 25, 2014, the fact that the amount of KRW 14 million and KRW 15 million has been transferred from the defendant's account is recognized.

However, as alleged by the Plaintiff, as regards the fact that the above amount of KRW 14 million was the separate amount lent to the Defendant by E in addition to the loan in this case, it is not sufficient to recognize this only by the entries of the evidence Nos. 4 and 6 (including the additional number). The Plaintiff’s assertion is without merit, since there is no other evidence to recognize it.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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