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(영문) 부산지방법원 2017.10.19 2017나1391
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. In the course of demanding repayment of KRW 6,00,000 to D on June 14, 2016, Defendant B: (a) loaned KRW 6,000,000 to D; and (b) if D with such money repaid KRW 6,00,000 to D, Defendant B would again lend KRW 15,00,000 to D; and (c) if D did not repay the Plaintiff’s above loan amount to the Plaintiff, Defendant B would instead transfer KRW 6,00,000 to Defendant C’s account (hereinafter “instant loan”).

However, Defendant B did not lend KRW 15,00,000 to D again, and the Plaintiff did not receive the instant loan from D, and Defendant B did not repay the instant loan to the Plaintiff. Therefore, the Defendants are jointly and severally liable to pay the instant loan and the damages for delay to the Plaintiff.

B. On the other hand, there is no dispute between the parties that the Plaintiff lent the instant loan to D. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendants agreed to repay the instant loan in lieu of the instant loan or that the Plaintiff was liable to repay the instant loan to the Plaintiff. The Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge otherwise.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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