(영문) 수원지방법원평택지원 2016.10.27 2016가합624

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(영문) 수원지방법원평택지원 2016.10.27 2016가합624

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 25, 2006, the Plaintiff: “On September 25, 2006, the Plaintiff shall receive KRW 20,000,00 in return for the promise to refrain from any and all similar acts, such as demand for money, defamation, and threat of attack, by calling or finding out any other similar things, such as the place in which the Defendant or his lineal ascendants and descendants and other lineal ascendants and descendants live, etc., even if any, from September 25, 2006.” (hereinafter “each of the of the of the of the of the of the instant cases”) from the Defendant, each written statement stating “I accept any civil criminal punishment in the event of the violation ( approximately KRW 68,00,000 against the Defendant)” (hereinafter “each of the instant notes”).

[Evidence Evidence] without dispute, entry of Gap evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s assertion to the Defendant, the Plaintiff inserted the phrase “(in no relation with the Defendant)” at the Defendant’s request, and the Defendant, by deceiving the Plaintiff, did not inform C of the Plaintiff’s bills, and eventually, the Plaintiff paid C’s bills.

The Defendant shall pay to the Plaintiff the amount of KRW 60,515,50 as well as the amount of KRW 11,200,00 as well as the amount of KRW 380,613,119 as well as the amount of KRW 8,786,250 as agreed by the Defendant to repay, and the sum of the interest accrued thereon, KRW 420,746,736,853 as well as the amount of KRW 40,734 as agreed by the Defendant.

B. Each statement of Gap evidence Nos. 1 through 16 (including a serial number) is alone, the defendant deceivings the plaintiff and had the plaintiff settle the bill C.

It is insufficient to recognize the fact that the Defendant promised to repay bills to the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit to further examine.

3. The plaintiff's conclusion is that of this case.

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