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(영문) 서울남부지방법원 2016.08.18 2015가합105514
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s judgment as to the cause of the claim provided that Defendant B provided that the Plaintiff may pay KRW 356 million from January 7, 2012 to March 4, 2015, to the above Defendant on the ground that Defendant B conspired with the Defendant C, who is the husband of the above Defendant, without intent and ability to pay the principal and interest, and acquired the Plaintiff’s money through the payment business. The Defendant asserted that the agreement was made with the Plaintiff and the principal, and the Defendant C jointly with the above Defendant C seeking the return of the principal amount.

In full view of the overall purport of the pleadings in evidence Nos. 3 through 6, the Plaintiff withdrawn KRW 356 million from the bank account under the Plaintiff’s name from January 7, 2012 to March 4, 2015; and the number of days (Evidence No. 1) written by the Plaintiff in his own book is recognized as having the trade name type of business, lease period, and balance; on the other hand, the Plaintiff is recognized as having the existence of evidence Nos. 1 through 3, 4-1 through 4, 5-1 through 4, 5-4, 5-1 through 6, 5-2, 5-1 through 6, 5-2, 10 new bank of this court, national bank, IBK bank, IBK bank, and 200 million in cash without any evidence that the Plaintiff received money in his own account No. 300 million from the Seoul District Prosecutors’ Office.

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