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(영문) 인천지방법원 2019.08.22 2018가단241112
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the defendant's main defense of safety

A. The Defendant asserts that the Plaintiff’s claim for the instant loan or the agreed amount was unlawful since there was an agreement between the Plaintiff and the Defendant regarding the Plaintiff’s claim for the instant loan or the agreed amount, and thus, the instant lawsuit is unlawful as it goes against the said agreement.

B. The standard of judgment in a lawsuit is that the parties to the lawsuit have a significant legal effect, such as waiver of the right to claim a trial guaranteed under the Constitution, and it is effective as to the circumstances that may be anticipated at the time of the agreement (see Supreme Court Decision 98Da63988, Mar. 26, 1999). In a case where there is a different opinion on the validity or scope thereof, it shall be determined after a reasonable interpretation of the parties’ intention.

(See Supreme Court Decision 2011Da80449 Decided November 28, 2013). C.

The following facts are acknowledged in light of the purport of the entire pleadings in the statement No. 8 and No. 4, or in the absence of dispute between the parties to the facts.

① On April 16, 2018, the father C of the Defendant sent the following text messages to the room of group text messages as the Plaintiff, the Defendant, and D.

All three persons are sending and sending KRW 0 million and e,000,000 to each of them, who wish to move into the reality that is in an difficult situation due to fraud, and the reality that is difficult.

This means that all the three persons continue to maintain postal services, and all the three persons will not be able to discuss the legal responsibility of B as victims (and the appointment of an attorney-at-law who is not able to engage in postal services and gold in postal services) and then receive compensation through a certified judicial scrivener or a head of office after filing a complaint, it will be divided into three persons according to the ratio.

On April 16, 2018, 2018, the Plaintiff shall make a letter of answer, and then send to the corresponding bank account number written after the answer letter. 2 On April 16, 2018, the Plaintiff shall audit 10:08 C on the same day.

A group of Doz. Doz. Doz.

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