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(영문) 부산고등법원 2020.08.26 2019나57858
대여금
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the co-defendant B of the first instance trial knew to each other from around 2008 to around September 2012, and even from around 2014, Defendant C is the mother of Defendant B.

B. B from September 2012 to June 14, 2018, to the Plaintiff, “I will pay back if I will lend money to the Plaintiff to purchase studio. I will pay back if I will lend money to the Plaintiff to sell studio. If I will lend money to you are in progress at auction, I will receive a security deposit. I will receive a loan from the Plaintiff in the name of 3.5 million won and receive a loan from the Plaintiff’s account under the name of 200 million won, “I will pay 3.5 million won if I will pay money to the Fund. I will receive a loan from the Fund in the name of 3.5 million won, and I will receive a loan from the Plaintiff’s account under the name of 3.5 million won, “I will pay 3.5 million won to the Fund,” and I will receive a loan from the Plaintiff’s account under the name of 30.5 billion won under the name of 1.5 billion won in total under the name of 1.6.8 billion won in the account.”

C. B is against the Plaintiff.

On June 21, 2019, the above judgment was finalized as it is, on June 21, 2019, by being sentenced to a four-year conviction by imprisonment with prison labor at the Busan District Court (2019Dahap23, the Busan District Court). The subsequent appeal and appeal by B were dismissed.

[Recognition] The absence of dispute, entry of Gap No. 3, and the result of this court's order to submit financial transaction information to E banks, which is significant to this court.

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