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(영문) 서울서부지방법원 2016.10.06 2015가합3013

대여금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff alleged from November 2003 to May 2010 lent a total of KRW 265,388,946 to the defendant. The defendant must pay or pay on behalf of the defendant the total of KRW 51,541,451 using a credit card in the name of the plaintiff from October 2008 to February 201. In addition, the defendant did not pay the tax imposed upon the plaintiff's business entity under the name of the plaintiff, and did not pay 10,287,510 won on behalf of the defendant. However, on August 29, 2016, the defendant borrowed some of the above loans and borrowed money in lieu of the loan amount of KRW 21,00,000,000 from May 29, 2010, and the defendant used part of the loan amount of KRW 10,541,767,7816,760,7616, etc. of the loan amount remaining after the plaintiff's claim.

Above all, around October 2014, the Plaintiff agreed to finally settle the Defendant’s debt amounting to KRW 200 million in consideration of various circumstances, including the fact that the Defendant and the Defendant actually repaid part of the above debt. The Defendant paid KRW 21 billion to the Plaintiff on August 29, 2016 according to the agreement.

Therefore, the defendant is no longer liable for the plaintiff.

B. Determination 1.

참조조문