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(영문) 수원지방법원 2019.02.14 2017나84860

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2004 to 2010, Defendant B served as a beauty artist at the “Falm room” operated by E in the east of Japan.

B. The above beauty art room was a major customer of the sexual traffic women at the business travel store called “H” operated by G in the east of Japan.

C. I and J traded a business trip from June 2009 to September 2009 under the name of “K” and “L” and the above “H”. D.

E deposited KRW 35 million into the financial account of Defendant B, the mother of Defendant B on January 29, 2009. On January 30, 2009, M transferred KRW 300,000 to J, and the remainder KRW 32,000,000,000,000,000,000,000, which was transferred separately from E, was transferred to N who was known that Defendant B was the mother of Pyeongtaek, and N transferred to E on January 30, 200, plus KRW 45,271,000,000,000,000, which was transferred separately from E on the same day. < Amended by Act No. 9324, Jan. 30, 2009; Act No. 9320, Jan. 271, 2000; Act No. 9320, Jan. 32, 2009>

E. On December 23, 2009, Defendant B prepared and attached a loan certificate (hereinafter “the loan certificate of this case”) as of May 23, 2010 to the debtor B, the loan amount of KRW 13 million, and on May 23, 2010, Defendant B signed and sealed the said loan certificate on January 6, 2010 to the joint guarantor column.

F. Meanwhile, at the time of the drawing up of the loan certificate of this case, Defendant B prepared and delivered to E a certificate of loan of this case with only KRW 33,80,000,000,000 for the loan money of this case, and the certificate of loan of this case was signed and sealed as joint and several sureties, as well as the certificate of loan of this case of this case of this case of this case.

G. On February 23, 2017, E transferred claims based on the instant loan certificate to the Plaintiff. On February 24, 2017, the Plaintiff notified the Defendants of the assignment of claims, and the notification reached the Defendants on February 28, 2017.

[Ground of recognition] A.1 to 4 facts without dispute, and