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(영문) 수원지방법원 2016.06.16 2015나30722
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

The plaintiff lent KRW 2,00,000 to the defendant on July 5, 2013. Thus, the defendant asserts that the defendant is obligated to pay the above KRW 2,00,000 and delay damages therefor. Thus, according to the statement in Gap evidence No. 1, the plaintiff transferred KRW 2,00,000 to the defendant's deposit account on July 5, 2013 (hereinafter the above 2,00,000,000) but there is no evidence to prove that the plaintiff remitted the above amount to the defendant for lending. However, the defendant did not lend it to the defendant, and the defendant did not have any evidence to prove that the plaintiff transferred it to the defendant on the date of transfer to the defendant's deposit account, and there is no evidence to prove that the plaintiff transferred it to the defendant under the pretext of the fact that the plaintiff transferred it to the defendant, and there is no evidence to prove that the plaintiff transferred it to the defendant on the date of transfer to the defendant's deposit account No. 31,000,00,000.

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted and revoked, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

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