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Reasons
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(영문) 대전지방법원천안지원 2015.10.28 2015가단3675
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendants, and the Defendants related to D are married couple (Defendant B’s husband, Defendant C’s denial), and the Plaintiff are female students of Defendant B.

Meanwhile, D is the husband of the Plaintiff.

(i.e., the plaintiff and D are married couple).

D) On November 13, 2009, KRW 55 million was due and due and payable on November 30, 2010 and interest rate of KRW 6.7% (payment on November 12, 201) was fixed and lent (hereinafter “instant lending”).

(2) At the time of the instant loan, Defendant B and E prepared and delivered a certificate of monetary rent stated as “creditor D” to Defendant B and E as at the time of the instant loan. (2) The loan of this case was made pursuant to Defendant B and E’s recommendation for investment in planting landscaping business ( tree landscaping business) to Defendant B and the Plaintiff.

(On the other hand, as to whether a person who recommended D and the Plaintiff to invest in the above business includes Defendant C, the Plaintiff’s recognition is made and the Defendants are illegal) 3) The loan of this case amounting to KRW 5 million on November 12, 2009, which was under the name of the Plaintiff’s own around November 12, 2009, No. 406-dong 1203 (hereinafter “the apartment of this case”).

2) The term “Korea Bank” (hereinafter referred to as “Korea Bank”)

(C) D) on June 26, 2012, filed a lawsuit against the Defendants and E claiming the payment of loans on the ground that “D lent KRW 55 million to the Defendants and E on November 13, 2009.”

On November 22, 2012, the court of first instance rendered a judgment dismissing the claim against Defendant B and E on November 22, 2012.

2) Although D appealed, the appellate court rendered a judgment dismissing D’s appeal on June 13, 2013 (the Daejeon District Court 2013Na10062), the said judgment became final and conclusive on July 18, 2013 after the lapse of the appeal period. D’s complaint and criminal case proceeding 1) D’s interest on the principal and unpaid interest on the instant loan.

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