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(영문) 서울중앙지방법원 2015.10.14 2015나17400
차용금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

The plaintiff asserts that he/she sought the return of KRW 5 million since he/she lent to the defendant two times on April 2013 and around May 2013.

Accordingly, the testimony of Gap 4-1 and Eul witness at the appellate court is difficult to believe, and according to Gap 5 and 6, the plaintiff delivered the 3 million won check to the defendant via D on April 12, 2013, and on May 9, 2013, the plaintiff sent 2 million won to the defendant from the E head of the Tong, the plaintiff's wife, the E head of the Tong, the defendant's wife, to the defendant, but there is insufficient evidence to acknowledge this as loans, and there is no other evidence to acknowledge this.

Therefore, the plaintiff's assertion is not accepted.

Therefore, the plaintiff's claim is dismissed, and the judgment of the court of first instance is just in conclusion.

The plaintiff's appeal disputing this issue is rejected and dismissed.

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