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(영문) 인천지방법원 2018.06.01 2017가합59641

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as “E” (hereinafter “E”), is a local tour of the Philippines, and D hotel located in the Republic of Korea (hereinafter “the instant hotel”) located in the Republic of Korea (hereinafter “E”), has arranged for gambling to be conducted in the instant hotel casino for approximately 10 years, and has received some of the proceeds from gambling from the hotel side of the instant hotel to the visitors participating in the instant casino.

B. On the other hand, the Defendants visited the Philippines at the end of July 2015 and asked the Plaintiff to seek a casino chips and request the Plaintiff to use the casino chips. The Plaintiff chips amounting to KRW 114,00,000 and KRW 157,00,000 to Defendant C respectively, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the above part of the claim for loans against each of the Defendants, it is reasonable to view that the Plaintiff: (a) issued a casino chips equivalent to KRW 114,00,000 from the hotel casino of this case around July 2015 to Defendant B; and (b) lent money equivalent to each of the above amounts to the Defendants by delivering the casino chips equivalent to KRW 157,000,000 to Defendant C (hereinafter “each of the above money”); and (c) barring special circumstances, the Defendants are obliged to pay each of the above loans of this case and damages for delay to the Plaintiff.

B. The portion of the claim for joint and several sureties against Defendant B was leased KRW 157,00,000 to Defendant C, who was known to the general public and had no in-depth formula with the Plaintiff according to Defendant B’s joint and several chips, and thus, Defendant B.