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(영문) 부산지방법원 2019.11.14 2019재나147
대여금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Facts below the facts of recognition are significant or obvious in records to this court:

1) The plaintiff is entitled to KRW 4,00,000,000 on February 1, 200, and KRW 600,000 on March 27, 200, KRW 250,000 on March 31, 200, and KRW 4,000,000 on April 27, 200 (hereinafter referred to as the "loan of this case").

(2) On June 20, 2008, the Plaintiff filed a lawsuit against the Defendants claiming a loan by Busan District Court 2008DaDa304916 on June 20, 2008, but was sentenced to dismissal of the Plaintiff’s claim by the court of first instance on October 17, 2008. (2) The Plaintiff appealed as Busan District Court 2008Na20703 on May 20, 2009, but the appellate court filed a lawsuit against the Defendants seeking payment of the loan amounting to KRW 58,525,00,00, including the loan in this case, on May 20, 2009. The Plaintiff’s appeal and appeal were all dismissed, and the Plaintiff’s previous final judgment became final and conclusive on April 17, 2008, which became final and conclusive on the ground that there was insufficient evidence to acknowledge the existence of the loan claim in this case’s case’s loan in this case’s first instance court.

(hereinafter referred to as the "case subject to review") b.

(1) On May 28, 2009, the Plaintiff filed a lawsuit for retrial against the Defendants on May 28, 2009, and filed a lawsuit for retrial on the judgment subject to retrial with the Busan District Court 2009Na131 (hereinafter “the first retrial case”).

(2) The Defendants submitted a certificate of deposit without passbook payments (hereinafter referred to as “certificate of deposit without passbook payments”) to the Plaintiff in the judgment subject to a retrial and the previous final and conclusive judgment.

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