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(영문) 부산지방법원 2020.06.05 2019나57558
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. From a bank account under the name of the Plaintiff to a bank account under the name of the Defendant C, KRW 50,000,000 on January 31, 201, and the same year

2. A total of KRW 80,000,000 (hereinafter “the instant money”) was remitted on 23.23.

B. Meanwhile, D declared that Defendant Company B (hereinafter “Defendant Company”) lent the instant money and filed a lawsuit against the Defendant Company seeking the return, etc. of the said money (Seoul District Court Decision 2016Gahap45840), and Busan District Court on June 21, 2017, stated that “D lent KRW 130,000,000, including the instant money, to the Defendant Company, but there is insufficient evidence to acknowledge the assertion.”

C. Along with D’s appeal, the Busan High Court rendered a judgment on May 16, 2018 to the effect that “D has claimed that it lent the instant money to the Defendant Company, but there is insufficient evidence to acknowledge its assertion.” On the other hand, if D cannot be deemed to have lent the said money to the Defendant Company, it shall be deemed that the Plaintiff (A) lent the said money. However, D’s transfer of the said loan claim from the Plaintiff [the Plaintiff is KRW 130 million between D and D as of September 25, 2017 (i.e., KRW 50 million) against the Defendant Company of the Plaintiff (i., January 31, 201) (i.e., KRW 80,000,000).”

Therefore, D is dissatisfied with and filed an appeal, but the Supreme Court rendered a judgment on November 9, 2018, which partially changed the damages for delay among the above appellate judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4, 5, Eul evidence 1-4, the purport of the whole pleadings

2. The plaintiff's defendant.

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