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(영문) 서울중앙지방법원 2019.09.05 2018가합561973
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Plaintiff

Determination as to A’s Claim

A. Plaintiff A’s assertion that: (a) given the Defendant cash or check of KRW 88,00,000 from April 30, 2014 to June 19, 2014, Plaintiff A lent KRW 88,00,000 to the Defendant; and (b) claimed against the Defendant for the payment of KRW 88,00,000 for loans and damages for delay.

B. The following circumstances, which can be known by adding the overall purport of the pleadings to the statements in Evidence Nos. 4, 8, and 1 and 2, namely, ① from the D Bank account (Account Number E) in the Plaintiff’s name, the sum of KRW 35,000,000 on April 30, 2014; and KRW 35,000,000 on May 19, 2014; and KRW 5,000,000 on June 9, 2014; and KRW 55,00,00,000,000 on June 16, 2014; ② there is no objective evidence supporting that each of the above checks was paid to the Defendant; ② there is no other evidence supporting the Plaintiff’s 80,000,000,000 won on the loan from the Plaintiff’s 1 and 2; ③ there is no other evidence supporting the Plaintiff’s 208,005,000 Plaintiff’s shares and 801.

Therefore, the plaintiff A's claim against the defendant is without merit.

Plaintiff

Judgment as to B Claim

A. Plaintiff B’s assertion that: (a) the Defendant issued a passbook, seal, and cash card to the Plaintiff’s G association account; and (b) the Defendant asserted that the Defendant voluntarily withdrawn or transferred KRW 125,980,000 from the said account; and (c) the Defendant claimed reimbursement of KRW 125,980,000 for damages incurred by the tort as above, and damages for delay.

B. Determination A, Nos. 3, 6, 9, and B

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