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(영문) 청주지방법원 2017.05.11 2016나12848
대여금
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the parties’ assertion asserts that the Plaintiff loaned the Defendant KRW 60 million from April 2004 to June 30, 2006 through Nonparty C, her mother, through Nonparty C, to the Defendant on several occasions, and that the Defendant did not borrow money from the Plaintiff.

2. Determination

A. Therefore, in the instant case where the Defendant asserted the establishment of the petition against the evidence Nos. 1 and 2 (each note and any cash car certificate) submitted as evidence for the above lending facts, the Plaintiff cannot be admitted as evidence because it did not appear at the date of pleading despite the demand for proof by this court, and the Plaintiff cannot be admitted as evidence, and there is insufficient evidence to acknowledge the fact that the Plaintiff lent money to the Defendant by means of the documents Nos. 3 and 4 alone.

B. In addition, the plaintiff asserts that he lent a total of KRW 60 million to the defendant several times, and sought reimbursement. However, even in accordance with the evidence Nos. 1 and 2 of the plaintiff's submission, which is difficult to be used as evidence, the loan amount is stated as KRW 120,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.

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