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(영문) 서울동부지방법원 2015.10.13 2014가단50617

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements stated in the evidence Nos. 1 to 7 above.

The Plaintiff and Defendant C maintained a de facto marital relationship from around 1997 to the same time as flaz health business.

B. On September 11, 2002, the Plaintiff agreed to lend the amount of KRW 15 million to the Defendants (Defendant B C’s son) and to repay the amount in installments for 12 months, and set up the evidence No. 1 (Evidence).

C. In around 2005, both the Plaintiff and C were to hedged, and thereafter, they filed various civil and criminal lawsuits to settle a monetary relationship between them. On October 20, 2009, both the Plaintiff and Defendant C drafted an agreement (Evidence B (Evidence B (Evidence C) to withdraw all the lawsuits that were pending at that time. During the lawsuit, the Plaintiff and Defendant C also included an agreement (Evidence B) to withdraw the loans of this case at KRW 15 million.

The Plaintiff and Defendant B filed multiple lawsuits against each other, and drafted an attached agreement on July 14, 2013.

According to this, the claim and obligation of the plaintiff and the defendant B changed into the contents of the agreement, and the plaintiff agreed to confirm that there is no claim at the same time as the plaintiff received gold 20 million won from the defendant B.

E. Defendant B paid KRW 20 million to the Plaintiff on July 4, 2013.

2. The Defendants asserted as to the Plaintiff’s assertion are obligated to pay the above loans of KRW 15 million, and to pay consolation money of KRW 50,100,000 for unpaid amounts until now.

3. Determination

A. According to the attached Form of Claim against Defendant B, the Plaintiff and Defendant B may recognize the fact that the Plaintiff agreed to waive all of the claims (Article 3 of the agreement) on any pretext that is not an example of the above agreement between the Plaintiff and the Defendant. Thus, the Plaintiff’s claim against Defendant B is groundless.

B. According to the above facts of claim against the defendant C, the above facts are examined.