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(영문) 서울남부지방법원 2015.08.21 2015가단17047
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumption

A. Delegation of a lawsuit and documentary evidence Nos. 1) The Defendant filed against the Plaintiff by C with the Seoul Central District Court No. 2010Kadan185727 (hereinafter “the prior suit”).

In relation to the foregoing, around August 201, the Plaintiff was delegated with all procedural acts by the Plaintiff and proceeded with the litigation on behalf of the Plaintiff. The Plaintiff dismissed the Defendant on January 31, 2012, which was before the judgment of the first instance court was rendered, and the appellate court filed an appeal after the judgment of the first instance was rendered, and subsequently delegated the Defendant’s legal representation on November 28, 201, and thereafter, subsequently, at the time of the previous suit, C submitted a documentary evidence with the document prepared by the Plaintiff, stating that, at the time of the previous suit, C submitted the statement of the principal and interest (hereinafter “instant statement”) stating the details of the loan and repayment with the Plaintiff and the settlement thereof as the document prepared by the Plaintiff, and on the six (6) date for pleading on which the Defendant was present on behalf of the Plaintiff, the document of the first instance court stated that the document was written with a letter of approval of formation.

B. A lending relationship at the time of the prior suit, the content of the instant invoice and confirmation document, etc. 1) D (or E (or E) operated by D (hereinafter “E”) with respect to the Plaintiff is as follows: (1), (3), and (4) the same borrowed money (hereinafter “D borrowed money”).

C) The debt was due, and C is the following (hereinafter “the loan of this case”).

(2) As of June 15, 2007, KRW 28,197,00 (interest rate of KRW 2% per month) (interest rate of KRW 140,00,000 (interest rate of KRW 5% per month): D’s joint guarantee and loan amount of KRW 17,000,000 on July 4, 200; as security, C’s registration of establishment of mortgage on real estate (interest rate of KRW 40,00,000 on October 29, 2007) (interest rate of KRW 3%) was partially repaid as follows with respect to each loan amount of KRW 50,00,000 on January 23, 2008 (interest rate of KRW 3%).

① 40,000,000 won on September 3, 2007 (2) 3, 200,000 won on September 5, 2007 (3) 30,000,000 won on November 30, 2007 (4) 40,000,000 won on November 30, 2007 (3) respectively.

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