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(영문) 서울동부지방법원 2017.08.30 2016나28059
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After the costs of appeal have been incurred.

Reasons

1. The Plaintiff’s judgment on the primary claim for a loan is the primary claim, and the Plaintiff’s recommendation to the Defendant KRW 100 million on June 3, 2014, and the same year.

7.2. 2.10 million won was claimed to have been lent to the Defendant’s bank account in the name of the Defendant (E). According to each of the evidence Nos. 1, 2, 1-2, 1-2, 2-2, and 5, the Plaintiff transferred the above money at the request of D. D at the time, D was operating the Defendant’s bank account in Gangnam-gu Seoul. The Defendant was an employee of the above sex department, and D was recognized as having been opening and using the Defendant’s account in the name of the Defendant with the Defendant’s consent due to bad credit standing. However, it is insufficient to recognize that the Plaintiff lent the above money to the Defendant, and there is no other evidence to support this part of the Plaintiff’s assertion and claim without merit.

The plaintiff asserted that the defendant and D operated a partnership in the above partnership and established it around 2014, and the plaintiff borrowed money from the plaintiff in the course of its establishment, and the defendant is responsible for paying the above amount along with D. However, the entries of Gap evidence 5, Gap evidence 7, and Gap evidence 8 are insufficient to recognize the fact that the money transferred to D was lent to the above partnership and the plaintiff was the union creditor, and there is no other evidence to support this part of the plaintiff's assertion without merit.

2. On June 3, 2014 and July 2, 2014, the Plaintiff: (a) obtained a marriage by deceiving the Plaintiff; (b) concealed KRW 200 million from the Plaintiff into the account in the name of the Defendant by deceiving the Plaintiff; and (c) conspired to obtain the said fraud by lending the said national bank account in the name of the Defendant to D; (b) as a joint tortfeasor, the Defendant, as a joint tortfeasor, conspired to the Plaintiff as a joint tortfeasor.

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