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(영문) 광주고등법원 2015.08.21 2014나4681
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff worked as a senior clerk at the Busan District Court from September 18, 1979 to October 13, 1990. The plaintiff married on February 3, 1995 and divorced on November 9, 2004.

On the other hand, D and E were parents of C, who were the Plaintiff’s head and the mother.

B. Around 195, the Defendant, along with F and G, requested E to resolve the instant case related to H’s sale (hereinafter “H case”), delivered the relevant documents and documents for each household, and paid KRW 19,00,000 under the pretext of commencement, and borrowed KRW 19,00,000 from E even though he/she should have received KRW 19,00,000 from E.

“The” has drawn up a certificate of borrowing.

C. Meanwhile, the defendant is the plaintiff.

On July 3, 2008, the Busan High Court's case of loan claim No. 2007Na21382, which was filed against E with the holder of the certificate of loan of 19,00,000 won, was present and taken an oath as a witness on July 3, 2008, and asked the defendant (E)'s agent's "if any balance is appropriate for any balance of money to be paid for the service, it shall be appropriate for him/her to do so, and if the balance is not settled, it shall be reasonable for him/her to do so, and if the settlement has been known, it shall be so, and if the settlement has been well known, it shall be done and it shall be possible to settle it, so this amount shall be known."

However, there was a fact that the defendant delivered 19 million won to E and erroneously prepared a loan certificate to obtain a receipt.

On August 14, 2008, the above court rendered a judgment dismissing the appeal of E, the appellant. D.

After that, the Plaintiff.

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