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(영문) 인천지방법원 2016.03.17 2015나16866
대여금
Text

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. The parties' assertion

A. On August 23, 2011, the Plaintiff lent KRW 10 million to the Defendant.

B. The Plaintiff decided to lend KRW 10 million to Egye Co., Ltd., and the Defendant was an employee of Egye Co., Ltd. who received the above KRW 10 million from Egye Co., Ltd. and delivered it to Egye Co., Ltd.’s subcontractor, but did not borrow the above money from

2. Facts of recognition;

A. On August 23, 2011, the Plaintiff deposited KRW 10 million as the Defendant’s passbook.

B. The Defendant wired the above KRW 8 million to a third party on the same day.

C. The Plaintiff and the Defendant did not prepare a disposal document, such as a loan certificate, in relation to the above KRW 10 million.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

3. It is insufficient to recognize that the Plaintiff lent KRW 10 million to the Defendant, and there is no other evidence to prove otherwise.

4. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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