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(영문) 서울북부지방법원 2015.07.24 2014가단44571

수표금등

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. Facts of recognition;

A. On May 17, 2005, the Plaintiff issued a certificate that “50 million won is borrowed from Defendant B, and the repayment date is not set, and the lender (B) is to repay within two months when requested for repayment.”

B. On June 1, 2006, the Plaintiff paid 150 million won check to Defendant C.

C. Defendant B filed a lawsuit against the Plaintiff as Suwon District Court Decision 2007Gahap25196, which was a loan of KRW 50 million. Defendant B’s attorney withdraws the lawsuit against the Plaintiff on September 25, 2008, and the Plaintiff’s attorney consented to the withdrawal of the lawsuit.

The Plaintiff filed a complaint with the Defendants with the investigative agency by fraud, embezzlement, etc., and the Defendant C expressed at the investigative agency that “When the Plaintiff received a letter from Defendant D that all of the credit relations with the Plaintiff was resolved, the Plaintiff would make a KRW 150 million check that was withdrawn from the NAF granted loans from Defendant D, the Plaintiff directly sent the Defendant’s resident registration number and signature and seal, and received the said check to the Plaintiff, and then received the said check from the Plaintiff.”

The Plaintiff, jointly with Defendant C, received a letter of request for a loan from the Agricultural Cooperative Federation located in Suwon-si to obtain a loan, and arranged Defendant C’s obligations.

“...........”

All the Defendants were subject to a disposition of non-prosecution due to the absence of suspicion.

[Reasons for Recognition] Defendant B: Each entry in evidence Nos. 1, 2, 4, 6, 7, and 8, the purport of the whole pleadings, Defendant C, and D: by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. On June 1, 2006, the Plaintiff filed a claim against Defendant C with Defendant C for payment of KRW 160 million ( KRW 150 million and KRW 10 million in cash) to Defendant C, and the Plaintiff as the Plaintiff borrowed from Defendant B for payment of KRW 50 million, etc., and thereafter Defendant B sent it to Defendant B and D.