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(영문) 의정부지방법원 고양지원 2018.09.12 2017가단18210

대여금반환

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. The Plaintiff’s assertion around March 2007 lent KRW 60 million to Defendant B at Defendant B’s request, and around May 2007, additionally lent KRW 30 million to the Defendants upon Defendant C’s request. The Defendants jointly and severally agreed to pay KRW 90 million.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff a loan of KRW 90 million and damages for delay.

2. In full view of the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2, and 3 as follows: (i) the promissory note that the Plaintiff was offered as security by Defendant B was entered as an issuer; (ii) the payment angle that the Plaintiff was issued by the Defendants is written in the name of the shipping industry corporation and the business virtue industry; and (iii) there is no financial data to recognize that the Plaintiff lent KRW 90 million to the Defendants, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent KRW 90 million to the Defendants, and there is no other evidence to acknowledge this.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.