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(영문) 의정부지방법원 2017.07.06 2016가단9568

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On August 12, 2009, the Plaintiff neglected the Defendant to deliver his driver’s license to Nice C and to use it for a long time. C pretended to the Defendant, opened the Nonghyup Bank account in the name of the Defendant on August 17, 2009, and accordingly C, on January 18, 2016, acquired KRW 72 million from the Plaintiff using the said account and driver’s license.

The defendant suffered damages due to the above acts, and thus, is liable to compensate the plaintiff for damages for the tort.

C. Comprehensively taking account of the overall purport of the pleadings as a result of the order to submit financial data to the Nonghyup Bank issued on August 12, 2009 by C using a driver’s license issued on August 17, 2009, and C took advantage of the above driver’s license as Defendant on January 18, 2016, and acquired by receiving KRW 600,000 from the Plaintiff to the Nong Bank account in the name of Defendant on January 15, 2016, and acquired KRW 54 million from the Plaintiff to the Nong Bank account in the name of Defendant on January 15, 2016. < Amended by Act No. 14388, Jan. 18, 2016>

However, it is difficult to recognize that the defendant was aware or known about the above crime, and that the defendant committed the above crime in collaboration with C or made it easier for C to commit the above crime, and there is no other evidence to acknowledge it. Thus, all of the plaintiff's assertion is without merit.

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