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Reasons
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(영문) 인천지방법원 2015.01.16 2014나2136
대여금
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1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The parties' assertion

A. On February 9, 2012, 2012, the Plaintiff asserted that the Plaintiff lent the loan on February 16, 2012, and corrected it on the ground of mistake. Upon receiving a request from the Defendant to lend the down payment for Faw or acceptance located in Bupyeong-gu Incheon E, and upon receiving a request from the Defendant, the Plaintiff lent KRW 10 million to G, who is the Defendant or the Defendant’s agent (A evidence No. 1; hereinafter “instant receipt”) on behalf of the Defendant.

2) On July 24, 2012, upon receipt of a request from the Defendant to lend money to the Defendant to accept the above private loan, the Defendant lent a total of KRW 13 million to the Defendant ( KRW 500,000,000,0000,000,000,000) (where the Defendant repaid the above loan within one month and fails to repay it, the Defendant shall pay the loan within one month, a memorandum of understanding (No. 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000).

(1) The defendant did not pay the above loans to the plaintiff and the selected parties.

3) Therefore, the Defendant is obligated to pay the Plaintiff KRW 15,00,000 (i.e., KRW 10,000,000) to the Plaintiff, KRW 5,000,000,00 to the Selection Party C, and KRW 3,000,000 to the Selection Party D. The Defendant’s assertion and the Selection Party are subject to deception from H, and they are not able to return the money to H by means of Fari or acquisition title, and there was no fact that the Defendant borrowed the money from the Plaintiff and the Selection Party (the Defendant did not prepare the instant receipt and understanding note, nor was the Plaintiff and the Selection Party granted the authority to prepare the above receipt and statement of understanding, and the sales contract on the above Sari-Ba is merely the victim who made an investment by deception from H, and is under the name of the Plaintiff and the Selection Party.

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