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(영문) 서울중앙지방법원 2017.04.03 2016나39957
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 plaintiff's assertion and judgment are identical to the defendant on March 25, 2011.

3. 31. Claiming that a sum of KRW 16,00,000 was lent twice and sought payment against the Defendant.

Therefore, according to the health account and evidence No. 1, the Plaintiff’s transfer of KRW 14,00,000,000 to the national bank account under the name of the Defendant using the account No. 3, his spouse, and KRW 2,00,000,00 on March 31, 201 can be acknowledged.

However, in full view of the purport of the entire arguments in Eul's evidence Nos. 1 through 4 (including paper numbers), the Korea Twitman Co., Ltd. (hereinafter "Korea Twitman") made several monetary transactions with the plaintiff using the above account in the name of the defendant who is his employee, and made several occasions on March 25, 201 and the same year.

3. In view of the fact that each of the above money transferred to the Defendant’s account can be known immediately after the transfer, used for the repayment of the obligation of the bitr or transferred to the bitr’s account, and in view of the date of preparation of each loan certificate (Evidence A1, 4, and 7) in the Defendant’s name submitted by the Plaintiff and the amount of loan borrowed, etc., it is difficult to view the above each of the above loan certificates as a loan certificate as being drawn up regarding the above money transferred as above, the above acknowledged facts and the evidence submitted by the Plaintiff alone as of March 25, 2011.

3. 31. It is insufficient to recognize that the borrower of the money lent by transferring the account as above is the defendant, or that the defendant agreed to pay the above transferred money to the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

2. Thus, the plaintiff's claim 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 as it is without merit.

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