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(영문) 춘천지방법원 2014.01.14 2013가단1344
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff, while serving as a limited partner of a limited partnership C (hereinafter “C”), was withdrawn on July 31, 2004, and the Defendant served as a general partner and a representative member of the said company.

2. Determination

A. The plaintiff's assertion 1) around August 200, the defendant did not return the amount of KRW 20,000,000 from the plaintiff on October 31, 200, and the amount of KRW 10,000 on December 14, 200, and did not comply with the promise to invest the amount of KRW 30,000,00,000 in the construction cost of the 1studio building in the name of the plaintiff's spouse E-, and the defendant is not obliged to pay KRW 30,00,00,000 to the plaintiff on unjust enrichment. The defendant extended KRW 15,00,00,00 from the plaintiff on June 3, 200 to the non-party 1, 200, the amount of KRW 30,000,000,000 for the repayment of the debt to the non-party 1,300,010,0000 evidence No. 210,00.

Therefore, this part of the plaintiff's assertion is without merit.

In addition, according to the statements in Eul evidence No. 7, the plaintiff was granted a loan of KRW 20,000,000 on June 3, 2003 as security, but it is not sufficient to recognize that the above facts of recognition and evidence No. 2 of the above facts alone were borrowed from the plaintiff on June 3, 2003, and there is no other evidence to acknowledge them.

Therefore, the plaintiff's assertion on this part is without merit.

B. 1 Defendant’s assertion as to the counterclaim, ① The Plaintiff is F.O. on October 31, 2000.

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