수표금등
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendants and the Defendant (Counterclaim Plaintiff) are dismissed.
2.The Court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff became aware of Defendant B and D, a punishment, in the course of financing funds while running the real estate investment business jointly with Defendant C, and the Plaintiff and the Defendants have continued to engage in financial transactions.
B. On March 21, 2005, the Plaintiff, on March 21, 2005, remitted 60 million won to the account under the name of Defendant C, and Defendant C remitted 64 million won to Defendant B following the day.
C. On May 17, 2005, the Plaintiff: (a) drafted a certificate of borrowing that “50 million won is borrowed and the repayment date is not set; and (b) is to be repaid within two months when the lender requests repayment” (hereinafter “certificate of borrowing”); and (c) was remitted from Defendant B to Defendant C’s account in the name of Defendant C on May 18, 2005.
On the other hand, the Plaintiff, on June 1, 2006, withdrawn KRW 184 million from the deposit account of Suwon Livestock Farming Co., Ltd. under Defendant C’s name, and then offered money to Defendant C with the signature of Defendant D on June 1, 2006, stating that “All obligations and obligations between the Plaintiff and Defendant D have been resolved as of June 1, 2006.”
Accordingly, Defendant C voluntarily entered Defendant D’s resident registration number on the same day on the same day, signed and sealed Defendant D’s name, and delivered them to the Plaintiff, and then issued them to the Plaintiff at the face value of KRW 150 million from the Plaintiff.
E) On February 23, 2007, Defendant B received a decision of provisional seizure as to real estate owned by the Plaintiff by using the loan claim amounting to KRW 50 million against the Plaintiff as the Suwon District Court Decision 2007Kadan2447 on February 23, 2007, and on February 28, 2007, the above provisional seizure registration was completed on February 28, 2007. Thereafter, Defendant B filed a lawsuit claiming a loan amounting to KRW 50 million against the Plaintiff on December 4, 2007, as Suwon District Court Decision 2007Kahap25196, as the second date for pleading of the above case, but filed a lawsuit against the Plaintiff through his legal representative on September 25, 2008.