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(영문) 광주고등법원 2019.09.25 2019나20992
대여금
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. The argument that the plaintiff admitted the reasoning of the first instance judgment by this court is different from the argument that the first instance court made in this court. Thus, the fact-finding and judgment of the first instance court are justifiable even if the evidence submitted in the first instance court and the additional evidence added in this court are integrated.

Therefore, the reasoning of the judgment of this court is as follows, and as seen in Paragraph 2, it is identical to the reasoning of the judgment of the first instance except for adding the arguments emphasized by the plaintiff in this court and the judgment thereof, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

▣ 제1심판결문 2쪽 위에서 7줄의 ‘2017. 1. 7.’을 ‘2016. 1. 7.’로 고쳐 쓴다.

2. As to the Plaintiff’s assertion in this court, the Plaintiff asserts that, even in this court, the Plaintiff is obligated to pay the Plaintiff the borrowed amount of KRW 340,000,000 and the delay damages therefrom, since it was lent from August 25, 2015 to January 7, 2016 by means of remitting KRW 340,000 to the account of the Defendant or the Defendant’s Dong C.

(A) A. According to each description of No. 1-9 of the evidence No. 1-3-9, the fact that the Plaintiff remitted a total of KRW 340,00,000 to the Defendant, as alleged by the Plaintiff, is recognized.

However, even if all the evidence presented by the Plaintiff was examined, it is difficult to view the amount of KRW 340,000,000 that the Plaintiff remitted to the Defendant as the amount loaned to the Defendant, and there is no other evidence to acknowledge it.

Plaintiff

We do not accept the argument.

3. The plaintiff's claim for conclusion shall be accepted within the extent of recognition as seen earlier, and the remaining claims shall be dismissed for lack of reasonable grounds.

In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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