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(영문) 의정부지방법원고양지원 2020.04.24 2018가단92055

대여금

Text

1. The Plaintiff, Defendant B, and Defendant D, jointly with Defendant B, KRW 104,910,00, and KRW 73,710,000 of the said money, respectively.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) Defendant B was in bankruptcy; (b) Defendant C did not have the intent or ability to repay the principal and interest even if the sales of a small-scale factory operated with a loan exceeding KRW 100 million have not been repaid from the Plaintiff; (c) Defendant B would have borrowed money from the Plaintiff by telephone around November 28, 2012; (d) Defendant B would have to pay the Plaintiff money after the month when it borrowed KRW 1,00,000 from the Plaintiff on the same day; (e) Defendant B would have received KRW 1,00,000 from the Plaintiff on the same day, from 20,000 to 10,000,000 from 20,000,000 won from 20,000 won from 20,000,000 won from 20,000 won from 20,000 won from 20,000 won from 30,000 won from 20,00 won from 20.

2) The Defendants were indicted as charged with the facts charged as described in each of the above 1) and were sentenced to the Seoul Central District Court on August 17, 2017; Defendant B was sentenced to imprisonment for eight months; Defendant C was sentenced to a two-year suspended sentence of imprisonment for six months (Seoul Central District Court 2017Meu784); Defendant B appealed (Seoul Central District Court 2017No3066); and Defendant B appealed (Seoul Central District Court 2017Do19509); however, the above appeal and final appeal were all dismissed, and the said judgment became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 17, and the purport of the whole pleadings.