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(영문) 수원지방법원성남지원 2017.10.31 2016가합206822
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 100,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from October 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) have become aware of around 200 in the U.S. K. D. D., and thereafter, they were friendly among the following persons.

B. Around 2006, the Plaintiff was serving as a candidate for the Seoul National Assembly member, and around 2008, appointed C as a candidate for the election of the National Assembly member. Around 2008, the Defendant visited the Plaintiff’s election campaign during the election period for the above National Assembly member, and came to know C.

C. Around 2008, the Defendant lent USD 200,000 and KRW 130 million to the Plaintiff as a member’s election fund.

After the completion of the above election, the Plaintiff and the Defendant agreed to lend money to Lee Gael E.S. P. Co., Ltd. (hereinafter “S.”), which was planning to construct a logistics warehouse after the above election, and the Plaintiff lent KRW 350 million to the above non-party company, and the Defendant lent KRW 1.4 billion, respectively.

In the event of dispute between the plaintiff and the defendant, the defendant, at the plaintiff's request, received a partial refund of the money lent to the non-party company in the course of lending money to the non-party company, and lent 180 million won to the plaintiff, and the defendant against the plaintiff around May 2009.

The loan claim lawsuit was filed including US$200,000, and KRW 130,000,000,000.

(Seoul Southern District Court 2009Kahap1004, hereinafter referred to as "the First Related Lawsuit"). The plaintiff is the plaintiff in the First Related Lawsuit.

The loan of the election fund under subsection (1) is recognized, but the above loan of KRW 180 million cannot be recognized. On the other hand, the defendant filed a criminal complaint by asserting that the document submitted by the defendant as evidence in the first related lawsuit was forged.

E. The first related litigation division is the same as on April 8, 2010.

Only the part concerning the principal and interest of the election loan under subsection (1) shall be the defendant 186,150.

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