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(영문) 서울중앙지방법원 2018.02.06 2017가단5099615
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a legal spouse who operates C with C as a self-employed person with C.

The defendant has been naturalization from the ship of Korean origin with Korean nationality, divorced with the former husband of Korean Republic, and raises two children as a single child.

The Plaintiff and the Defendant first met the business around June 29, 2012 to June 2016.

B. The Plaintiff and the Defendant filed a complaint on several occasions as a result of the failure of internal relations around June 2016.

① Around August 16, 2016, the Defendant filed a complaint with the Plaintiff due to quasi-rape, bodily injury, defamation, interference with business, confinement, etc., but the prosecutor issued a disposition that was not suspected of having been taken on November 8, 2016.

② The Plaintiff filed a complaint against the Defendant, such as the above quasi-rape-rape, with the intent to inform the Plaintiff’s wife of the fact that the Defendant would not have paid money, and on the suspicion that the Plaintiff got 1,690 million won over six occasions from May 2013 to August 2014, the Plaintiff filed a complaint against the Defendant, but the Prosecutor took a disposition that was not suspected of having committed all of the charges (Evidence of Evidence) on May 30, 2017.

C. On June 30, 2016, the Plaintiff was sentenced to a fine of KRW 3 million on September 26, 2017, which stated that “Around June 30, 2016, the Plaintiff threatened the Defendant by sending a mobile phone message to transmit the Defendant’s balone photo to the Internet organization or reading room where the Defendant is working.”

(The Plaintiff’s appeal is dismissed and is pending in the final appeal). The Defendant was sentenced to a fine of KRW 1 million on December 6, 2017, 2017, on July 29, 2014, and June 10, 2015, for assaulting the Plaintiff, including the wheels to throw a cell phone at hand, etc., to the Plaintiff.

(A) [Reasons for Recognition] A. (12), A. (13, and 29] Facts without dispute, the purport of the whole pleadings.

2. On September 4, 2012, the Plaintiff’s assertion on the cause of the claim is that if the Defendant lent his father’s hospital expenses to the next month, the Plaintiff would repay the expenses in the following month. As such, the Plaintiff lent KRW 5 million as indicated in the “the status of the tea.”

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