logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.18 2017나62648
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 parties' assertion

A. The Plaintiff’s assertion: (a) lent KRW 10 million to the Defendant on June 24, 2013; and (b) KRW 20 million on July 10, 2013; and (c) as such, KRW 21.6 million was repaid, the Defendant is obligated to pay the remainder of the loan to the Plaintiff.

B. The plaintiff alleged by the defendant was lent to C, not the defendant, and the plaintiff's claim seeking a loan to the defendant is without merit.

2. According to the reasoning of the judgment, evidence Nos. 1, 2, 4, and 5, the following facts can be acknowledged: ① the Plaintiff transferred KRW 10 million on June 24, 2013, and KRW 20 million on July 10, 2013 to the Defendant’s account; ② the Plaintiff’s account under the Defendant’s name was deposited with KRW 10 million on December 31, 2013, and KRW 600,000 on January 6, 2014, and KRW 20 million on June 12, 2015.

However, the above facts and evidence Nos. 3, 6, and 9 submitted by the Plaintiff are insufficient to recognize that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance court is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow