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(영문) 춘천지방법원원주지원 2016.10.05 2016가단30226
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On the basis of the facts, Nonparty C is “the cash custody certificate of this case issued on March 26, 2012 to the effect that “45,00,000 won shall be repaid until March 26, 2015, and real estate shall be transferred as desired by the creditor in the event of the non-compliance with the promise.”

3) The Plaintiff prepared and delivered the Plaintiff (the Plaintiff’s assertion that there was no dispute over the grounds for recognition, the entry of Gap’s evidence No. 1, and the purport

2. The plaintiff's assertion and judgment

A. The summary of the claim is that the defendant borrowed KRW 45,00,000 from the plaintiff several times to use the cash custody certificate for housing construction work in around 2001, together with the non-party C, who is the spouse of the married couple, and the non-party C prepared a cash custody certificate on behalf of the defendant, and the defendant who actually borrowed the above money is liable to pay the above money and the damages for delay.

B. The evidence submitted by the Plaintiff and witness D alone are insufficient to recognize that the Defendant borrowed the said money from Nonparty C with the Plaintiff and bears the obligation to pay the said money, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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