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(영문) 의정부지방법원고양지원 2017.09.13 2017가합70994

대여금

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. Facts of recognition;

A. When the Plaintiff became aware of D around July 2014 and developed it into a tobacco relationship, the Plaintiff issued three credit cards in the name of the Plaintiff to Defendant B, from August 2014 to August 2016, and used 115,110,385 won among the Plaintiff’s credit cards in the name of the Plaintiff, and remitted the total amount of KRW 80,084,170 from November 2014 to September 2016 to Defendant C, who is his/her father, KRW 29,113,147 (U.S. sojourn expenses) and KRW 20,813,660, respectively.

B. On May 31, 2017, D had been sentenced to four years by imprisonment with prison labor for the following reasons: “Along with the lending of money from the victim (referring to the plaintiff) the balance of the passbook, even though there is no intent or ability to repay the money, and there is money in excess of 6 billion won.” Since the lending of money necessary due to the need for money, D would make a full payment of KRW 6 billion between KRW 600,000,000,000,000.” Since it is false, D was sentenced to four years by means of a crime, etc. (i.e., transfer of money from the victim or by lending a credit card (mull, Samsung Card, Samsung Card, and New Card) by means of borrowing money from the victim or by using a credit card (mull, Samsung Card, Samsung Card), 200,327 won, and (ii) the above judgment became final and conclusive as a fraudulent act, 2017Da609757, Jun. 7, 2017).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 15,110,385 won (i.e., Samsung Card 59,424,223 won) totaling KRW 41,610,826 won (i.e., Samsung Card 41,610,826 won) by delivering three credit cards to Defendant B from July 2014 to August 2016, the Plaintiff transferred KRW 80,084,170 to Defendant B by means of arbitrarily allowing Defendant B to use three credit cards (i.e., KRW 59,424,223).