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(영문) 수원지방법원 2017.04.21 2016나13076
계금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that: (a) the Plaintiff loaned KRW 1,1470,000 to the Selection C on September 13, 2010; (b) KRW 3.8 million on October 13, 201; and (c) KRW 1,147,00,000 on February 28, 201; (c) the outstanding balance of the loan was KRW 5,00,000,000; (d) on April 21, 201, the said Appointor agreed to pay KRW 1,67,00,000 to the Plaintiff’s fraternity and did not pay the above amount by failing to subscribe to the Plaintiff’s fraternity, even though the Defendant was jointly and severally and severally liable, the Defendant and the Selection were jointly and severally liable to pay the said amount.

B. According to the statement in Gap evidence No. 1, the following circumstances are as follows: (a) the selected C received the amount of KRW 10 million on April 21, 201, and signed the certificate of receipt of money with the agreement to pay KRW 600,000 each month until December 2012; (b) the Defendant signed the certificate of receipt of money with the agreement to pay KRW 600,000 each month; (c) although it is recognized that the Defendant signed the certificate; (d) the Plaintiff was aware of the fact that he stated the certificate No. 2; and (e) the purport of the entire pleadings in the testimony of the witness D; (e) the Plaintiff transferred the amount of KRW 11,470,00 to the Selection C through the account when he lent the amount of KRW 1,500,000,000 to April 21, 201; and (d) the Plaintiff did not claim that the Plaintiff paid the amount of money to the Selection C before the payment of money was made.

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