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(영문) 청주지방법원 2014.12.17 2014가합205
차용금반환
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. The facts after the facts are based on the above loan certificates are either disputed between the parties or there is no dispute between the parties, and according to the overall purport of Gap evidence Nos. 1 3 and 12, the defendant Eul stated to the effect that he would have prepared the above loan certificates to the plaintiff by making Eul who was his employee in the related criminal case, according to the whole purport of the statements and arguments Nos. 3 and 12, and the contents of 2 and 3 of the receipt (Evidence No. 3) which the defendant Eul acknowledged the authenticity of the above loan certificates correspond to the above loan certificates. Accordingly, according to the defendant Eul's intent, the above loan certificates are deemed to have been prepared by the defendant Eul's intent, and therefore the entire document Nos. 2, 3, 5 through 7, 11 through 7, 13, 15, 16, Eul evidence No. 1 through 9, each of the documents sent to the public prosecutor's office of this court, and the remaining testimony and testimony of the witness cannot be acknowledged as a whole.

Defendant B is a person who actually operates Defendant C Co., Ltd. (hereinafter “Defendant C”) established for the purpose of collecting and selling earth and rocks in the mine located in Chungcheongbuk-gun G (hereinafter “instant mine”), and the Plaintiff is a person who has been supplied aggregate from Defendant C while operating a ready-mixed factory.

B. The Plaintiff asserts that the actual payer of the money under the instant agreement should be confirmed from the Plaintiff or H. Therefore, in full view of the following facts: (a) the Plaintiff’s statement No. 6, the delivery of documents to the Cheongju District Prosecutors’ Office of this Court; and (b) the entire purport of the pleadings and the commission of the submission of documents to Defendant B as well as the entire purport of the pleadings, the Plaintiff is going to borrow 30% of the proceeds received from the instant mine development from Defendant B, and then borrow money.

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