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(영문) 광주지방법원 2016.11.25 2016가단20645
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B, solely or in collusion with the Plaintiff, Nonparty D, etc. from January 2010 to November 2014, as if he were to find a job on an abandoned car on the ground of the career in which he was employed as an executive officer of the labor union of the Abandoned Automobile Co., Ltd., Ltd., and obtained approximately KRW 3,120,000 from the victims and acquired approximately KRW 3,120,000 from the victims.

B. From October 2013 to May 2014, the Plaintiff, in collusion with Defendant B, received KRW 65,000,000 in total over 13 times in the same manner, and acquired KRW 80,000,000 in total from the victim E, in collusion with the victim E, “it is possible to have the victim find a car using a person who is higher than the mother car and its head office, thereby changing the amount of KRW 80,000,000.”

C. On July 24, 2015, the Plaintiff and Defendant B were prosecuted as a crime of fraud, and the Plaintiff was sentenced to a suspended sentence of one year for the Plaintiff and two years for the Defendant B to a suspended sentence of one year for the Plaintiff, and four years for the Defendant B, respectively. Defendant B appealed against the above judgment, but the judgment of dismissal was rendered final and conclusive on November 17, 2015 by the Gwangju District Court 2015No1978.

Defendant B and his spouse, Defendant C, at the request of the Plaintiff on June 2014, signed the loan certificate (hereinafter “instant loan certificate”) prepared by the Plaintiff (hereinafter “instant loan certificate”) as the obligor, and Defendant C signed as a joint and several surety.

[Ground of recognition] Class A 1, 3, 4, Eul evidence Nos. 1, 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (1) on May 2014, the Plaintiff lent KRW 100,000,000 to Defendant B while the Plaintiff agreed to return KRW 200,000,000 to Defendant B by October 31, 2014, in line with the agreement on the return of the high income agreed originally to the Plaintiff, and Defendant C jointly and severally guaranteed this, the Defendants are jointly and severally liable to pay the Plaintiff the agreed amount of KRW 200,000,000 and delay damages.

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