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(영문) 부산지방법원동부지원 2015.12.01 2015가단5288
청구이의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are recognized according to the respective descriptions of Gap evidence Nos. 1, 4, 14, 18, and 21 (including each number), and the purport of the whole pleadings:

A. In around 2002, the Defendant lent KRW 12 million out of the Defendant’s money kept by the Defendant’s mother upon the Defendant’s request that the Plaintiff C, the birth of which was a long-standing neighbor of Japan, lend money for employment purposes.

B. The plaintiff B voluntarily withdrawn the sum of KRW 30,50,000 from the defendant's bank account over several occasions and used it for personal use on the basis that the defendant's mother was in the custody of the defendant's passbook while the defendant was in Japan.

C. On September 20, 2007, the Defendant prepared a loan certificate with respect to the loan mentioned in the above paragraph (a) by Plaintiff C, and prepared a loan certificate with the intent to return KRW 30,500,000 to the money voluntarily withdrawn and used as above from Plaintiff B on the same day, and the Plaintiff A as Chocar guaranteed the Plaintiff’s debt.

The defendant filed an application with the Busan District Court for a payment order seeking the payment of the above loan against the plaintiff C as Busan East Branch 2009j6710, and the above payment order was finalized on November 14, 2009 due to the plaintiff C's no objection.

In addition, the defendant filed an application with the Busan District Court for a payment order seeking a loan against the plaintiff B and the plaintiff as Busan District Court Branch 2009Ka7647. The plaintiff B did not object to the above payment order and the payment order was finalized on January 5, 2010. The plaintiff A raised an objection to the above payment order and filed a lawsuit with the same court 2010Kadan2864, but eventually lost the above plaintiff.

E. On September 12, 2013, the Defendant collected KRW 22,923,406 upon receipt of each claim attachment and collection order under the same court 2014TT10461, Oct. 17, 2014, from the Busan District Court’s Dong Branch, Busan District Court’s 2013TTT 9463, and the Defendant collected KRW 22,923,406.

F. Plaintiff B is the Defendant on January 2, 2014.

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