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(영문) 수원지방법원 2012.04.25 2011나32478

대여금

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1. The plaintiff's appeal and the plaintiff's claim added in the trial are dismissed.

2.The appeal costs shall be added in the original trial.

Reasons

1. Under the overall purport of Gap evidence Nos. 1 (Evidence) and Eul evidence Nos. 1 through 3, Eul's testimony by witnesses of the first instance trial, and witness Eul's testimony and arguments, the defendant's type Eul requested F to leave Korea, and Eul again requested the plaintiff to leave Korea, and Eul again requested the plaintiff to leave Korea. During that process, the defendant paid 4 million won to the plaintiff on Dec. 10, 2009, and prepared a loan certificate, and the plaintiff was made to the plaintiff to pay 4 million won to the plaintiff on Dec. 10, 2009. The plaintiff's guide employed by the plaintiff was in a difficult situation in the border of Thailand at the Chinese Cheongdo, but there was no proper progress in the issue of Korean entry. Accordingly, the defendant's entry to Korea upon request by G, and the fact that Eul paid 3 million won from the plaintiff to G can be acknowledged.

2. Determination on the cause of the claim

A. The plaintiff asserted that on December 10, 2009, the plaintiff lent KRW 4 million to the defendant, so it is not sufficient to recognize it only with lives and evidence submitted by the plaintiff, and there is no other evidence to recognize it. As seen earlier, the defendant can only recognize the fact that the defendant prepared and issued the loan certificate on the condition that the plaintiff enter Korea.

Therefore, the plaintiff's assertion is without merit.

B. The Plaintiff asserted to the effect that the Defendant was the owner of the Defendant’s entry into Korea, and thus, the Plaintiff is obligated to pay KRW 4 million for that consideration. As seen earlier, the Plaintiff was able to assist the Plaintiff, but the Defendant was not finally able to assist the Plaintiff, but rather G’s help, and the conditions for the Plaintiff to enter Korea were not fulfilled.

Therefore, the plaintiff's above assertion is without merit.

C. Finally, the plaintiff paid money for the defendant's escape from North Korea, and draw up a letter of loan that the defendant would pay 4 million won to the plaintiff in return.