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(영문) 울산지방법원 2010.09.30 2010나781
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendants are the defendants.

Reasons

1. The plaintiff's assertion that the plaintiff lost in the first, second, and third instances of the loan claim lawsuit filed against B due to the defendants' falsity, and thus, the plaintiff did not receive the principal and interest of KRW 700,000,000 as well as the interest of the loan. The defendant D, who was the witness of the above case, filed a complaint for perjury, and was punished for the crime of false accusation by the plaintiff. Thus, the defendants jointly and severally liable for the damages suffered by the plaintiff.

2. Determination

A. The following facts may be acknowledged pursuant to the purport of the entire pleadings and either of the parties, or there is no dispute between the parties:

(1) The Plaintiff filed a lawsuit with the Busan District Court 94 Ghana7143 against Defendant B claiming payment of principal amounting to KRW 400,000 per annum from February 8, 1985 to the date of full payment. The court of first instance dismissed the Plaintiff’s claim.

(2) The plaintiff appealed to Busan District Court 94Na11290, but the court of the second instance held on August 20, 1984 that the plaintiff lent KRW 200,000 to the defendant B at an interest rate of 5% per month, but the remaining 200,000 won is not acknowledged as there is no evidence to prove that the loan of the above KRW 200,000 was lent to the defendant B, and the plaintiff dismissed the plaintiff's appeal by recognizing that the above loan of the above KRW 200,000 was borrowed from the above KRW 30,000 by defendant D's testimony to fully repay the principal and interest of the loan, and the plaintiff again filed an appeal to the Supreme Court 95Da15865, but

(3) The plaintiff filed a petition for retrial with Busan District Court Decision 94Na11290, Busan District Court Decision 200Na145, but was dismissed, and the appeal was dismissed.

Since then, the plaintiff is the Busan District Court Decision 94Na11290 and the Busan District Court Decision 2000Na145, Busan District Court Decision 2003Na78.

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