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(영문) 인천지방법원 2017.05.12 2016나63098
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The parties’ assertion that the Plaintiff leased KRW 3,042,391 to the Defendant on October 9, 2012, the Defendant asserts that the Defendant is obligated to pay the above loans and delay damages to the Plaintiff.

The defendant asserts that he did not borrow money from the plaintiff, and that he only received money from the plaintiff at the request of C who was a bad credit holder at the time and only paid money to C.

B. The fact that the Plaintiff remitted USD 2,675 to the Defendant on October 9, 2012 is recognized by the respective statements in subparagraphs A and 2.

However, in light of the contents of text between the defendant and C, it is insufficient to recognize that the plaintiff lent the above recognition alone to the defendant, and there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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