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(영문) 광주지방법원 2016.12.27 2016가단23880
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged by integrating the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

The plaintiff against Eul, as the Gwangju District Court 2004Gahap12570, May 10, 1997, as the plaintiff 20,000,000 won on May 10, 1997, and the 30,000,000 won on May 31, 199, and the same year

6. 5.8,00,000 won, and November 1, 11 of the same year, including loans of KRW 59,500,000,000, filed a lawsuit for loans, including loans of KRW 59,500,00.

On July 7, 2005, the above court rendered a judgment dismissing the plaintiff's claim on the ground that there is insufficient evidence to acknowledge the loan.

B. As to the above judgment, the appellate court was proceeding with the Gwangju High Court 2005Na7190 by filing an appeal by the Plaintiff.

C. In the appellate court, the Plaintiff filed an application for the submission of financial transaction information with respect to whether the Plaintiff issued the cashier’s check or the check of shares in 1997 with respect to the Defendant in C’s account under the Plaintiff’s name.

According to the order of submission by the above appellate court on February 3, 2006, the defendant responded to the purport that there was no issuance of cashier's checks or check number tickets in the contents of "The Statement of Deposit Transactions".

E. On October 27, 2006, the above appellate court rendered a judgment dismissing the plaintiff's appeal, and the above judgment became final and conclusive on November 16 of the same year.

2. The gist of the plaintiff's assertion was that the plaintiff lost the above lawsuit with the defendant's false response and suffered property damage of KRW 59,500,000, and the defendant is obligated to pay the above KRW 59,500,000 as compensation for damages to the plaintiff.

3. We examine the judgment, the entries in Gap's evidence Nos. 1 through 6, and the order to submit financial transaction information to the Korea Standards Bank for the financial transaction information in the plaintiff's name is insufficient to recognize that the defendant's above reply did not have issued a cashier's check or a check of the number of shares in 197 under the plaintiff's name as false, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

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