(영문) 대구지방법원 2016.02.17 2015나16185

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(영문) 대구지방법원 2016.02.17 2015나16185

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Summary of the parties' arguments

A. On November 6, 2013, the Plaintiff asserted that the Plaintiff lent KRW 15 million to the Defendant, and the Defendant, at the Defendant’s request, remitted the said money to the account in the name of B, and the Defendant did not repay the said loan up to the present day. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 15 million and damages for delay.

B. Upon the request of the defendant C, only the amount of KRW 10 million was collected from B to C by the defendant's assertion, and there was no borrowing KRW 15 million from the plaintiff.

2. In light of the result of the order to submit financial transaction information to the Director of the IT Planning Department of the first instance court, the Plaintiff is deemed to have remitted the amount of KRW 15 million to the Agricultural Cooperative Account under the name of B on November 6, 2013. However, the following circumstances acknowledged by comprehensively considering the overall purport of the pleadings in the testimony of the witness B of the first instance court, namely, B, upon the request of the witness C of the first instance court, sent KRW 15 million to the account under the name of the Defendant and delivered the remaining KRW 5 million to C, and the Defendant also received KRW 10 million from B upon the request of the Defendant, and received KRW 15 million from the Plaintiff, and stated that there was no fact that the Plaintiff borrowed KRW 15 million from the Plaintiff. In light of the above facts alone, there is no evidence to acknowledge that the Plaintiff lent the amount of KRW 15 million to the Defendant, as alleged otherwise by the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

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

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