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(영문) 대전고등법원 2014.12.24 2013나12523
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this court to accept the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments with regard to the preliminary claims added in the court of first instance. Thus, this Court shall accept them in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff, although the defendant did not have an intention or ability to return money from the plaintiff even if he received money from the plaintiff, he would be able to cause sales through any other contract or would have been generated through another contract, and by deceiving the plaintiff to return the money promptly, he received KRW 110,00,00 from the plaintiff as the proceeds of software purchase of LGNS corporation. Thus, in the event that the plaintiff revokes his declaration of intention to deliver the said money on the ground that the plaintiff is a declaration of intention by fraud or mistake, the defendant is obligated to restore the above amount to its original state or compensate the damage caused by the above tort, and the plaintiff is obligated to pay the above amount of KRW 10,00,000 and damages for delay. However, each statement in Gap evidence No. 12 through No. 20 is insufficient to acknowledge the above assertion and there is no other evidence to prove it otherwise.

Therefore, the above argument is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance that dismissed the plaintiff's main claim is just, and the plaintiff's appeal and the preliminary claim added in the trial are dismissed as it is without merit. It is so decided as per Disposition.

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