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(영문) 창원지방법원 2018.02.08 2017나55821
대여금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The first instance court, within the scope of the judgment of this court, dismissed the plaintiff's claim on the principal lawsuit and accepted the defendant's counterclaim. Since the plaintiff filed an appeal only for the part concerning the principal lawsuit among the judgment of the first instance, the scope of judgment of this court is limited to the part concerning

2. According to the evidence No. 1 and the evidence No. 3 of the judgment as to the cause of the principal claim, the Plaintiff is deemed to have remitted KRW 4,000,000 to the Defendant’s bank account on December 31, 2015, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the said money is a loan, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's main claim is without merit.

3. As such, the plaintiff's claim of the principal lawsuit is dismissed as it is without merit, and the part concerning the principal lawsuit in the judgment of the first instance is just in conclusion, and it is so decided as per Disposition.

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