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(영문) 서울고등법원 2016.09.09 2016나181
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. In addition to the conjunctive claim in this court, the plaintiff asserts that the payment of the money stated in the above (1) through (6) was a donation under the condition to cancel the failure of marriage under law, and that the plaintiff and the defendant did not have a legal marital relationship and fulfilled the conditions of rescission at the time of failure, and thus, the defendant should pay the money to the plaintiff with unjust enrichment. However, there is no evidence to acknowledge that the payment of the money was a gift under the conditions to cancel the non-Marriage of marriage under

3. Accordingly, the judgment of the first instance is justifiable.

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

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