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(영문) 울산지방법원 2016.01.27 2015나1956
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

According to the statement in Gap evidence No. 1, the plaintiff can be found to have remitted KRW 6,00,000 to the defendant on May 24, 2011.

The plaintiff asserts that he lent the above 6,00,000 won to the defendant, and the defendant asserted that the plaintiff transferred the above money to the defendant's passbook with his own wedding expenses upon the request of C or D, his father who is his father's father's mother, or his father's father's father's father's father, or not lent it to the defendant.

The plaintiff bears the burden of proving that the plaintiff lent the above 6,00,000 won to the defendant.

That is, there is no evidence to acknowledge it.

Therefore, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance differs from this conclusion, it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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