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(영문) 전주지방법원군산지원 2017.11.21 2017가단53253

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

[Recognition] The Defendant prepared a letter as shown in the attached Form (hereinafter “instant letter”) to the Plaintiff.

[Claim by the Parties] The Plaintiff: on April 2014, the first police officer lent KRW 70 million to the Defendant, and the Defendant drafted the instant letter.

Therefore, the defendant should pay to the plaintiff the money as stated in the above written statement.

Defendant: The Plaintiff and the Plaintiff used various expenses, transportation expenses, and living expenses on behalf of the Defendant, but this was not a monetary loan relationship but a gift.

In addition, each of the instant agreements is null and void by threatening the Plaintiff to put in a drinking house without the Plaintiff’s written notes.

[Judgment] There is no evidence to deem that the Plaintiff borrowed KRW 70 million to the Defendant.

In particular, the Plaintiff’s each of the instant claims contains the content that the Defendant waives his body to the Plaintiff, which constitutes a violation of the social order stipulated in Article 103 of the Civil Act.

Therefore, the preparation of the letter of this case is null and void.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

참조조문