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(영문) 대구지방법원 2019.05.29 2018나308991
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 plaintiff's assertion that as the representative of the plaintiff, C, a director of the company, needs nine million won from the defendant while returning to the defendant, explained that the money of the plaintiff's corporate account cannot be used individually, and that the money of the plaintiff's corporate account was transferred from the plaintiff's corporate account on July 31, 2017 to the defendant on July 31, 2017. The defendant is obligated to pay the loan amounting to nine million won and delay damages to the plaintiff.

The defendant asserts that the defendant could not respond to the plaintiff's request because he received the above KRW 9 million from C while he did not return to C.

2. According to the reasoning of the judgment below, Gap evidence No. 1 and the purport of the entire pleadings, it can be acknowledged that the representative of the plaintiff C, a in-house director, remitted a total of nine million won to the defendant on July 31, 2017, on two occasions from the plaintiff's account.

However, there is no dispute between the parties that C remitted the above money while in a relationship with the Defendant. In full view of these circumstances and the purport of the entire pleadings, it is insufficient to recognize that the Plaintiff lent KRW 9 million to the Defendant only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

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