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(영문) 서울동부지방법원 2019.04.17 2018나27364
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. On March 8, 2005, the Plaintiff asserts that the Defendant lent KRW 3,500,000 to the Defendant in cash for the payment of unpaid electricity charges.

It is insufficient to recognize that the Plaintiff lent KRW 3,500,00 to the Defendant solely on the basis of each evidence Nos. 2, 500,000, which is a document that is not written by the originator or not written by the originator, and that there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

B. On April 12, 2005, the Plaintiff asserted that the Plaintiff lent KRW 5,00,000,000 to the Defendant on April 12, 2005 for the payment of the litigation costs for defect repair claims filed by the Defendant against Company B, a contractor and C, a contractor.

According to the evidence of evidence Nos. 2, 6, and 10, the plaintiff transferred KRW 5,00,00 to the account under the name of the defendant as of April 12, 2005, and the defendant's general meeting minutes of October 8, 2005 stated that "the defendant paid KRW 45,00,000 as appraisal fees and KRW 16,50,000 as attorney's fees to the defendant's three representative members in the lawsuit against the apartment executor company and the Si construction company", although there is a financing agreement between the plaintiff and the defendant, and unless there is no proof that the plaintiff remitted KRW 5,00,00 to D's account under the above agreement, the plaintiff remitted KRW 5,50,000 to D's account under the name of the defendant as of October 8, 205, there is no evidence to acknowledge that the plaintiff lent the above KRW 5,500,000 to the defendant.

C. On August 30, 2005, the Plaintiff claimed KRW 5,000,000 from loans to the Defendant on August 30, 2005, and claimed that the management office lent KRW 5,00,000 to the Defendant on August 30, 2005 to pay the confidential benefits of its employees.

Modern, A, 3.

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