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(영문) 광주지방법원 2019.04.25 2018나58294
예금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's second preliminary claim added by this court is dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance, which the plaintiff should explain, is the same as the ground of the judgment of the court of first instance, except for the addition of the following "2. Additional Determination" to the second preliminary claim added by this court. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 4

2. Additional determination

A. The summary of the Plaintiff’s assertion is that the Defendant paid money to the Plaintiff for any purpose with respect to the money transferred in the name of the Plaintiff and did not perform his/her duty to verify whose money was paid, and thus constitutes a tort.

Therefore, the Defendant is liable to pay the Plaintiff KRW 30,000,000 as damages and damages for delay.

B. The evidence presented by the Plaintiff alone is obligated to verify the details of the money transferred under the name of the Plaintiff to the Defendant, as asserted by the Plaintiff.

It is insufficient to recognize that the Defendant did not perform the above duty intentionally or by negligence and caused damage to the Plaintiff, and there is no evidence to acknowledge otherwise.

Therefore, we cannot accept this part of the plaintiff's assertion.

3. In conclusion, the plaintiff's primary and secondary claims must be dismissed as they are without merit.

The judgment of the first instance, which dismissed the plaintiff's primary and preliminary claims, is justifiable, and thus, the plaintiff's appeal is dismissed as it is without merit, and the second preliminary claims added by this court are dismissed.

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