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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 13, 2013, the Seoul Central District Court Decision 2013Ma5523 decided Sep. 13, 2013, stating that “C shall pay the Plaintiff the monthly interest, and shall repay the Plaintiff without molding within 4-5 months, if Latn’s hospital expenses are lent, within the limit of 2,758,60 won, such as receiving KRW 5,00,00 from the Plaintiff, and shall receive KRW 22,758,60 from the Plaintiff, and defraud it. ② On January 2001, 200, the Plaintiff stated that “C would pay the Plaintiff the amount without the molding of the hospital expenses if Latn’s hospital was hospitalized, with credit card obtained, and then used KRW 24,615,08,00 in total after receiving three credit cards in the name of the Plaintiff from the Plaintiff, and then charged the Plaintiff with the same amount of money to be paid as KRW 6371,370,71.
(hereinafter “instant criminal case”). (b)
C In order to avoid a serious punishment in the criminal case of this case, D, which was the de facto spouse and at the time of the defendant, requested the victims of the criminal case of this case including the plaintiff, to reach a criminal agreement.
D. On December 11, 2013, on behalf of the Defendant, on the part of the Plaintiff, the Plaintiff: (a) leased KRW 100,000,00 of the E branch office E (hereinafter “instant real estate”); (b) on the part of the Plaintiff, the said deposit was made out a lease contract (hereinafter “instant lease contract”) that shall substitute the Plaintiff’s loan with the loan borrowed from the Plaintiff; and (c) on December 12, 2013, the Plaintiff drafted a letter of credit transfer and takeover (hereinafter “written credit transfer and takeover”) that transfers KRW 30,00,000 out of the Defendant’s water price prepaid credit for the Defendant’s Order on Daily Life (hereinafter “instant claim transfer and takeover”), and the Plaintiff agreed on the instant criminal case with D on December 12, 2013, and withdrawn the complaint and the withdrawal of the complaint against the Plaintiff.