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(영문) 광주지방법원 2017.06.14 2016나7049
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional selective claims are dismissed in this court.

3...

Reasons

1. The reasoning of the judgment of the court of first instance cited the second 2-5 of the judgment is as follows. The second 2-5 of the judgment of the court of first instance is used as the date for pleading of the second 12 as the date for pleading of the first 5th court, and the second 2 of the judgment is used as the date for pleading of the first 12 as “the date for pleading of the fifth 5th st.” The ground of the judgment of the court of first excluding adding the judgment as to the selective claim added by the Plaintiff

The fact that the plaintiff paid 63,271,000 won to the defendant over 32 times through a bank account, etc. in the name of C from early 2006 to July 28, 2006 is no dispute between the parties.

However, the above facts alone are insufficient to recognize that the Plaintiff lent KRW 63,271,00 to the Defendant.

In addition, the witness D stated in this court that “the Defendant and his Dong Dong E were the Sea Sea Sea Ba, from Jeju around 2005 to 2006, and the Plaintiff lent money to the Defendant in the process.” However, D is not a person directly involved in the monetary transaction between the original and the Defendant, but a person who transferred the details thereof from the Plaintiff, E, etc.

Therefore, it is insufficient to recognize the fact that the Plaintiff lent KRW 63,271,00 to the Defendant only with the testimony of the above D or other evidence presented by the Plaintiff, and there is no other evidence to acknowledge it.

- - Sound

2. Determination as to the selective claims added by this Court

A. From the end of 2005, the Plaintiff entered into a contract with the Defendant to purchase the Red Sea 2.5 million won for KRW 25 million. Of KRW 63,271,000 paid to the Defendant, KRW 25 million was the Red Sea 2.5 million, but the Defendant failed to perform its obligation to supply the Red Sea 2.5 million due to the Defendant’s failure to perform its obligation to supply the Red Sea 2.5 million, the Plaintiff cancelled the above sales contract and demanded the return of KRW 25 million for the payment already made.

2.3,271,00 won out of 63,271,00 won as stated in the claim.

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