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(영문) 서울남부지방법원 2018.08.24 2015가합7573

대여금

Text

1. The Plaintiff (Counterclaim Defendant) filed a claim against the Defendant (Counterclaim Plaintiff) for KRW 223,420,00 and its payment from July 14, 2016 to August 24, 2018.

Reasons

1. Basic facts

A. The relevant Defendants B and C were married but divorced on May 1, 2012.

As the Plaintiff and the Defendants were given and received money several times from around 2009, the Plaintiff and the Defendants began to file a criminal complaint against the Plaintiff from April 2015 due to the suspicion of fraud and fabrication of private documents. On December 17, 2015, the Plaintiff filed the instant lawsuit against the Defendants.

B. In preparation of a loan certificate, promissory note, and assignment certificate under the name of the Defendants, the following loan certificates, promissory note, and assignment certificate were prepared.

Defendant B’s temporary evidence number No. 15 of the title holder’s certificate No. 1-1, the date of payment, the addressee, the place of payment, the date of issuance, the blanks, Gap’s certificate No. 1-2, the transferee’s blanks, the receipt No. 1-3, the loan certificate No. 1-3, the loan certificate No. 1-6, September 9, 201-6, the loan certificate No. 1-3, the loan certificate No. 1-3, the loan certificate No. 1-6, the loan certificate No. 1-7, the loan certificate No. 10,000,000 won on October 14, 201, the Defendant No. 10-10,000 won on the loan certificate No. 1-4, the Defendant No. 10-1, the loan certificate No. 2,000,0000,000 won on the loan certificate No. 10-1,000 won on the loan certificate No. 210.3.

C. A related criminal judgment 1 was prosecuted on the charge of forging a private document with the content that “the Plaintiff forged the evidence No. 1-4 or 11, etc.” and the charge of fraud with the content that “the Plaintiff acquired money from the Defendant B,” and the Seoul Southern District Court on June 30, 2018.