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(영문) 서울고등법원 2017.06.09 2016나2068763
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. The reasoning of the judgment of the court of first instance cited in this case is the same as that of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

[Inasmuch as the Plaintiff’s assertion that “the receipt of money exists between the parties,” even if there is no dispute as to the fact, insofar as the Defendant asserts that “loan” is a loan, the Plaintiff bears the burden of proof (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). Even if examining the evidence additionally submitted in the trial, on the same ground as the first instance court determined, it is insufficient to recognize that “the money transferred by the Plaintiff to the Defendant on July 10, 2015,” and no other evidence exists).

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion.

Therefore, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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