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Reasons
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(영문) 대구지방법원 2019.08.22 2019가합201062
대여금
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1. The plaintiff B's lawsuit shall be dismissed.

2. The defendant shall pay to the plaintiff A KRW 140,000,000 and its related amount from March 16, 2019 to March 16, 2019.

Reasons

1. Basic facts

A. The plaintiff A is the father's father's father's father, and the defendant is the senior worker's father's father's father.

B. On November 18, 2015, Plaintiff A remitted KRW 350,000,000 to the Defendant.

C. On May 3, 2016, Plaintiff A transferred KRW 100,000,000 to D’s account, and Plaintiff B transferred KRW 300,000,000 to D’s account on January 29, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiffs 1' above

(b) and (c);

The defendant asserts that he lent the money stated in the claim, and sought the payment of the above money against the defendant, and the defendant made a non-prosecution agreement with the plaintiffs on February 28, 2019 that he would not file a civil or criminal lawsuit. The case of withdrawal of the complaint: Daegu District Court 2019 Gohap201062, the plaintiff's name A, name B, and the defendant's name C, which agreed with the defendant, will withdraw the complaint against the defendant and will not file a civil or criminal lawsuit later in relation to this case.

On February 28, 2019, attachment A, the complainant, B:

1. A personal seal impression impression impression;

2. Proxy to submit a letter of withdrawal of complaint;

B. Therefore, first of all, as to whether there exists a legitimate secondary action agreement between the Plaintiff and the Defendant A, the following documents are prepared as follows (hereinafter “instant agreement”) under the title of “written withdrawal of complaint” on February 28, 2019. The fact that the Plaintiff B signed and sealed the said document under the name of the Plaintiff A may be acknowledged by either the parties or the statement in subparagraph 1-3.

In this regard, only the withdrawal of a criminal complaint against the plaintiff A has granted the power of representation to the plaintiff B, who is his father, and has granted the authority to conclude a derivative agreement on a civil case.

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