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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.12.06 2018나5932
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion and judgment asserted that C, while lending KRW 30 million to C, remitted KRW 30 million to the account under the name of the defendant designated by C, C, and C did not repay it, the defendant is obligated to return it as unjust enrichment.

However, there is no dispute between the parties that the Plaintiff remitted KRW 30 million to the account under the name of the Defendant, but even according to the Plaintiff’s assertion, the Plaintiff’s remittance of KRW 30 million to the account under the name of the Defendant to C is for lending it to C, so it cannot be deemed that there is no legal ground, and it cannot be deemed that the Defendant obtained any benefit. Therefore, the Plaintiff’s assertion is without merit without need for further review.

(1) The plaintiff's assertion that the plaintiff borrowed 30 million won or acquired it after the date of the closing of argument is also an additional argument that the defendant borrowed 30 million won or acquired it, but there is no evidence to acknowledge the plaintiff's above assertion except that the plaintiff remitted 30 million won to the account in the name of the defendant. However, the plaintiff's claim of this case is consistent with the previous argument from the first instance to the date of the closing of argument in the trial, and there is no reason to believe that it is not consistent with the previous argument.

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