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Reasons
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(영문) 청주지방법원충주지원 2016.02.04 2014가합1355
대여금
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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 constituting the premise of the dispute;

A. Defendant B borrowed KRW 100,000,000 to the Plaintiff on April 22, 2008

“A evidence No. 1 was drawn up, and Defendant B and Defendant C had the cash custody certificate (Evidence No. 2) stating that “A borrowed KRW 120,000,000 on June 20, 2008, and KRW 130,000,000 on July 10, 2008,” from the Plaintiff on September 9, 2008. The Plaintiff had a copy of a promissory note (Evidence No. 3) stating that “The Plaintiff borrowed KRW 130,00,000 on July 10, 2008.”

B. On August 5, 2008, the Plaintiff forged a receipt under the name of F stating that Defendant D shall rent real estate in KRW 500 million from F, and that F shall receive KRW 100 million in the remainder of the down payment and KRW 400 million. On September 9, 2008, the Plaintiff and Defendant D provided a loan in KRW 250 million with a forged lease agreement, etc. to Defendant D Co., Ltd. (hereinafter “large Name Loan Co., Ltd.”) (hereinafter “large Name Loan”).

C. On July 14, 2010, the Plaintiff and Defendant D were indicted for criminal facts, such as fabrication and fraud of the above private document (Seoul Central District Court 2010dan4105, etc.). Defendant D deposited 250 million won as the principal deposit on February 8, 201 with the name loan borrowed on a deposit basis.

On the other hand, on September 17, 2010, 2010, the Grand Loan filed a lawsuit against Defendant B and D (Seoul Central District Court 2010Kahap96732). The conciliation on February 17, 2011 (Seoul Central District Court 2010ss.50713) was established. The details of Defendant D’s deposit money (250 million won) are 220 million won and interest 30 million won with the above lending principal, and Defendant B and Defendant D are able to pay the remainder interest of KRW 250 million with the borrowed loan from March 25, 2011 to July 25, 201, and the remainder is exempted from the remainder of KRW 50 million until July 25, 2015.

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