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(영문) 대구지방법원 2020.11.11 2020나312801
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The Plaintiff filed a claim against the Defendant for the return of each loan of KRW 8 million on January 6, 2018, KRW 200 million on April 20, 2018, and KRW 300,000 on April 24, 2018, respectively, and the judgment of the court of first instance rendered a judgment against the Plaintiff in entirety.

In this regard, the plaintiff appealed only to the loan claims stated above ①, ② The scope of the judgment of this court is limited to the loan claims described above ② and ②.

The Plaintiff’s assertion as to the cause of the claim is liable to pay the Plaintiff the loan principal of KRW 12 million and damages for delay, as the Plaintiff loaned each of the Defendant who attended from October 2015 to the Defendant, KRW 8 million on January 6, 2018, and ② KRW 4 million on April 20, 2018.

Judgment

According to Gap evidence No. 1, it is recognized that the plaintiff remitted to the defendant the amount of KRW 8 million on January 6, 2018, and KRW 4 million on April 20, 2018.

However, with regard to the fact that the remittance of the above money was based on the loan contract for consumption, in light of the statements in the evidence Nos. 1, 2, 10 through 12, it is insufficient to recognize it only by the statement in the evidence No. 3, and there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim should be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.

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