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(영문) 수원지방법원 2019.06.19 2019나53136
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. On November 24, 2017, the Plaintiff leased KRW 100 million to the Defendant at the Defendant’s request, and on February 13, 2018, paid KRW 50 million out of the principal amount.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 50 million and delay damages.

B. The plaintiff filed the lawsuit of this case to ask the defendant for the responsibility because the defendant boom invested money in order to open and operate the gambling place, but failed to recover the money. The plaintiff's claim is without merit.

2. The following facts and circumstances, which can be seen by comprehensively taking into account the following facts and circumstances, including Gap evidence Nos. 1 through 7, and 9, Gap evidence Nos. 1 through 9, the testimony of the witness of the first instance trial, the results of the plaintiff principal examination of the first instance trial, and the overall purport of the arguments, i.e., ① the defendant issued the plaintiff with the name cards entered by the defendant as the chairperson of the corporation D and E, and introduced the plaintiff himself as a person engaged in financial business, such as credit business and exchange, etc. ② the plaintiff ordered the employees of F, Co., Ltd., Ltd., operated by the plaintiff as the representative director at the passbook Co., Ltd. around November 24, 2017 to make a withdrawal of KRW 50,000,000 as KRW 10,000,000,000,0000,000 won, and the plaintiff received the above money from C to the defendant.

The evidence supporting the circumstance that the plaintiff delivered is aware of such circumstance.

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