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(영문) 서울남부지방법원 2018.01.25 2017가합103604
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff in the relationship between the basic facts is a person who lends money to the defendant B as shown below, and the defendants were engaged in printing business with the name of D until September 5, 2008.

The Plaintiff’s preparation of the Plaintiff’s monetary payment and loan receipt are the mother of Defendant B through E and the Defendant C’s wife, who was requested to lend money from the networkF accompanying the New South Korean Association, five times from September 7, 2005 to July 17, 2008, as follows:

Defendant B signed and sealed the Plaintiff on August 25, 2009 on September 12, 2005, KRW 50 million, KRW 30 million on September 12, 2005, KRW 300 million on March 30, 2006, KRW 400 million on April 10, 2006, KRW 50 million on April 17, 2008, KRW 337.5 million on July 17, 2008, KRW 337.5 million on July 25, 2009, among KRW 250,000,000, KRW 50 million on March 31, 201, KRW 310,000 on March 31, 201, KRW 310,000,000 on March 31, 2031, 20313.

The Plaintiff’s complaint against Defendant B and the result thereof filed a complaint with the purport that the Plaintiff acquired money by deceiving the Plaintiff even though the Plaintiff did not have any intent or ability to repay the money in borrowing money as above. However, the Prosecutor’s Office dismissed the said money on the ground that the statute of limitations has lapsed with respect to the money set forth in the above Nos. 1 through 3, and requested the Defendant C and the NetworkF to lend money for the money set forth in No. 4 through No. 5. 5, and the person who received such a request was not the Plaintiff but E, and disposed of the said money under the judgment that the Plaintiff is not the Plaintiff.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, witness E’s testimony, and the overall purport of the pleading, barring any special circumstance, the defendants are jointly and severally liable to compensate the plaintiff for the above loan Nos. 250 million won and delay damages.

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