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(영문) 부산지방법원 2016.03.24 2015나43629
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

The first instance court.

Reasons

1. The Plaintiff’s assertion and judgment asserted that on December 24, 2013, the Plaintiff lent KRW 5 million to the Defendant.

In addition to the purport of the entire argument in Gap evidence No. 1, the defendant sent a text message to the plaintiff on December 24, 2013 that "to request living expenses" and the plaintiff paid five million won to the defendant on the same day.

However, in addition to the contents of evidence Nos. 1-1 through 4, the Plaintiff filed a complaint against the Defendant on December 24, 2013, including the fact that the Plaintiff paid KRW 5 million to the Defendant on December 24, 2013, and the revocation of the complaint is recognized. In addition, in light of the content of text messages between the Plaintiff and the Defendant as seen earlier, it is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to deem otherwise.

The plaintiff's assertion is not accepted.

2. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The decision of the first instance court with the same conclusion is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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