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(영문) 울산지방법원 2015.09.04 2015가단4237

구상금 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s loan relationship (1) (hereinafter “the first loan agreement”) obtained a loan of KRW 2,50,000 from the Agricultural Industry Cooperatives on May 20, 2008. The Defendant agreed to use KRW 100,000 out of the loan principal and pay the principal and interest on behalf of the Plaintiff (hereinafter “the first loan agreement”).

(2) On December 31, 2008, the Plaintiff received additional loans of KRW 200 million from the Agricultural Cooperatives of the Republic of Korea. The Defendant agreed to use KRW 1.5 million out of the loan principal and pay the principal and interest on behalf of the Plaintiff (hereinafter “the second loan agreement”).

(hereinafter) The Defendant’s respective obligation to the Plaintiff is indicated as “the obligation to borrow loans under the First and Second Agreements” (hereinafter referred to as “the obligation to borrow loans”).

After the first lawsuit, on October 25, 2012, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Ulsan District Court 2012 Gohap8143, and sought the payment of the principal of the first and second loans under the second loan agreement. As the cause of the lawsuit, “the Plaintiff borrowed 250,000,000 won from the Agricultural Cooperative Co., Ltd. on May 20, 2008, and 200,000 won on December 31, 2008, 200,000 won, and the Defendant did not pay 1,00,000,000,000 won, 200,000 won, 200,000 won, 150,000,000 won, 150,000,000 won, and 80,000 won, 80,000 won, 308,000 won, from each of the above loans.

(2) On the other hand, on June 17, 2013, the Defendant filed a complaint with the Plaintiff on charges of rape, etc., and the above C on behalf of the Plaintiff, on July 11, 2013, agreements with the Defendant on behalf of the Plaintiff as follows.