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(영문) 춘천지방법원속초지원 2019.07.12 2018가단2051
금전(기타)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a member of the fraternity organized by Defendant B (hereinafter “instant fraternity”) around September 201, and Defendant B is the owner of the instant fraternity, and Defendant C is the husband of Defendant B.

B. The instant fraternity was transferred around May 10, 2012 when the Plaintiff was unable to receive the fraternity.

C. On September 15, 2015, Defendant B prepared a letter stating that “Defendant B would pay KRW 20 million, out of KRW 40 million borrowed from the Plaintiff on May 10, 2012, to the Plaintiff until December 30, 2015, and the remainder of KRW 20 million until July 30, 2016,” respectively, to the Plaintiff (see evidence 2 of this case; hereinafter referred to as “each letter of this case”).

The Defendants, around September 30, 2015, prepared a certificate of borrowing (refer to the evidence A; hereinafter “the certificate of borrowing of this case”) with the effect that “Defendant B borrowed 25 million won from the Plaintiff on May 10, 2012 under the joint and several guarantee of Defendant C, with the interest rate of 20% per annum, and the due date of payment as of May 10, 2013, the Defendants signed and executed the certificate of borrowing (referred to as “the certificate of this case”).

E. Defendant B was indicted for the first instance case No. 2016Da3244, Defendant B, which was sentenced to a suspended sentence of ten months for a criminal offense as stated in the attached Form, and was sentenced to a suspended sentence of ten years on September 13, 2017.

Defendant B, dissatisfied with the above judgment, filed an appeal with the Gangnam District Court Branch Branch Branch Branch Branch Branch Branch Office 2017No463. On May 31, 2018, the appellate court rendered a not-guilty verdict on the charge of insult, and reversed the judgment below and sentenced the Defendant to a suspended sentence for six months.

After that, the above appellate judgment became final and conclusive as it is.

F. The Plaintiff filed a lawsuit against the Defendants for the payment of the loan amounting to KRW 25 million, and the agreed interest or delay damages arising from the loan certificate of this case, which was issued by the Defendant, as the Johcho-Support 2016No426, Nov. 7, 2017, and the Defendant jointly and severally paid to the Plaintiff KRW 25,00,000,000, and the said amount from May 10, 2012.

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