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(영문) 의정부지방법원 2015.11.19 2015나4734
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 gist of the Plaintiff’s assertion was requested by the Defendant to lend money for the purpose of deposit money, and on May 11, 201, the Plaintiff remitted KRW 20,000,000 to the Defendant’s account.

Therefore, the defendant is obligated to pay to the plaintiff KRW 20,000,000 and damages for delay.

2. According to the reasoning of the judgment, Gap evidence Nos. 1, Eul evidence Nos. 1 and Eul evidence Nos. 1 (including each number; hereinafter the same shall apply), and witness Eul's testimony, it is recognized that 20,000,000 won was transferred from the defendant's account to the defendant's account on May 11, 201, and the fact that the plaintiff jointly operated Eul with the representative director Eul.

However, the above facts alone are insufficient to recognize that the remittance amount of KRW 20,000,000 is a loan, and there is no other evidence to acknowledge it.

In addition, in light of the above-mentioned facts and the following circumstances recognized by the above evidence, i.e., the above 20,000,000 won was accounted for as a loan of corporation D, the above 20,000 won cannot be deemed as the Plaintiff even if the remitted amount of KRW 20,000 was a loan.

Therefore, the plaintiff's above 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 as it is without merit.

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