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(영문) 수원지방법원 2016.09.29 2016가단504120

대여금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs asserted as to the cause of the instant claim are simplified, and Defendant C transferred KRW 139,675,159 on Nov. 27, 2009, including KRW 50,00,000 on Jan. 13, 2009, KRW 14,250,00 on Jan. 15, 2009, KRW 33,575,342 on Jun. 23, 2009, and KRW 139,675,159 on Nov. 27, 2009.

2. Determination as to this safety defense - The Defendant asserts that the instant lawsuit constitutes a duplicate lawsuit, since the Plaintiff B filed a lawsuit against the Defendant and the lowest realization on the amount of remittance, as alleged in the cause of the instant claim, under this Court 2014Gahap6941.

Even if it is based on each statement (including additional number) in the evidence No. 1 of this case, it is apparent that the subject matter of the lawsuit of this case is different from the subject matter of the lawsuit of this case (the plaintiff B's assertion that part of the claim amount of this case is invested) in the above 2014Gahap6941. Thus, the lawsuit of this case cannot be deemed to constitute a duplicate lawsuit, since it is obvious by the cause of the lawsuit of this case or by the contents of the above 2014Gahap6941.

Therefore, the defendant's main defense cannot be accepted.

3. The reasoning of the judgment on the merits and the evidence Nos. 1-3 alone is insufficient to acknowledge the fact that the plaintiffs lent the above money to the defendant, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the argument of each of the claims of the plaintiffs in this case.

4. According to the conclusion, the plaintiffs' claims in this case are dismissed for all reasons.