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(영문) 서울북부지방법원 2015.07.21 2014나21043
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that: (a) the Plaintiff leased KRW 5 million to the Defendant on October 2012; (b) the Plaintiff received one copy of the household check with a face value of KRW 5 million; (c) January 19, 2013; (c) around October 2012, the Plaintiff leased KRW 5 million to the Defendant as security; and (d) the Plaintiff received one copy of the household check with a face value of KRW 5 million; and (e) January 26, 2013 with a due date on January 26, 2013. Since the two copies of the check are all in default, the Defendant is obligated to pay the Plaintiff a total of KRW 10 million and delay damages therefrom.

(hereinafter referred to as “two copies of the instant check” in total. B.

Judgment

In full view of the overall purport of pleadings in the statement of the evidence No. 1, the plaintiff is insufficient to recognize that the plaintiff lent KRW 10 million to the defendant only with the statement of the evidence No. 1, and there is no other evidence to acknowledge that the plaintiff lent the amount to the defendant. Rather, in full view of the whole purport of arguments No. 1 through No. 5 (including the paper number), the defendant paid the amount of a check to the defendant under six (6) of the family check issued by the defendant, 1) of which the defendant was unable to pay the amount on the part of six (6) of the defendant's non-payment of the bill, 3) of the non-payment of the bill to the defendant, 4) of the non-payment of the bill to the defendant.

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