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(영문) 인천지방법원 2018.12.11 2018나190
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and each conjunctive claim added by this court.

Reasons

1. The plaintiff's assertion

A. Mainly, the Plaintiff’s KRW 7,000,000 in cash around April 2010, and the same year

7. Around 16.10,000 won, a total of KRW 30,000,000 in cash around August 30, 2010, by means of remitting money to the Defendant’s wife C’s account, and KRW 30,000,000 in cash around August 30, 2010. The Defendant shall pay the Plaintiff the above loan amounting to KRW 30,00,000,00 and delay damages therefor.

B. Preliminaryly, even if the above KRW 30,000,000 that the Plaintiff paid to the Defendant is not a loan, but a loan, the Defendant agreed to return the above KRW 30,000,000 to the Plaintiff within six months from the date of receiving the payment from the Plaintiff, or ② Notwithstanding the fact that the above KRW 30,000,000 cannot be returned to the Plaintiff within six months, the Defendant deceiving the Plaintiff and acquired the above KRW 30,000 by deceiving the Plaintiff, and the Defendant shall pay the Plaintiff the above KRW 30,00,000 with compensation for damages arising from the agreed money or tort.

2. Determination

A. In full view of the overall purport of the pleadings as a whole, the facts that the Defendant received KRW 30 million from the Plaintiff from July 16, 2010 to September 15, 2010, based on each of the statements in Gap evidence Nos. 1 and 2 (including additional numbers) as to the primary claim.

However, the above-mentioned evidence and the above-mentioned facts alone are insufficient to recognize that the above-mentioned KRW 30 million was a loan, and there is no other evidence to acknowledge it.

Rather, in full view of the purport of the entire arguments presented earlier, the Plaintiff is only recognized as having paid KRW 30 million to the Defendant as a name of investment in the DV bank rather than a loan.

Therefore, the plaintiff's primary claim is without merit on different premise.

B. Prior to the determination of the conjunctive claim, the evidence alone, which was presented before the determination, decided to return to the Plaintiff within six months from the date the Defendant received the above KRW 30 million.

(2) The terms and conditions of this Agreement are set forth above KRW 30 million from the Plaintiff.

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