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(영문) 서울서부지방법원 2020.12.10 2020나45336
대여금
Text

The plaintiff's appeal against the defendant is dismissed.

Expenses for 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 judgment as to the plaintiff's claim asserts that since C aids and abets C's fraudulent conduct by deceiving the plaintiff and borrowing money, the defendant is obligated to pay the amount stated in the claim to the plaintiff due to the tort, since C aids and abets C to use the account under the name of the defendant.

According to the evidence Nos. 1 and 2, the fact that C borrowed KRW 8,500,000 from March 24, 2018 to October 10, 2018 through the Defendant’s account and repaid KRW 9,00,000 to the Plaintiff may be acknowledged. However, the fact that the aforementioned fact alone recognized was involved in the Defendant’s loan fraud as alleged by the Plaintiff.

It is insufficient to recognize that the account in the name of the defendant was predicted to be used in the tort C, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

2. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is just in conclusion, the plaintiff's appeal against the defendant is dismissed as it is without merit, and it is so decided as per Disposition.

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