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(영문) 부산지방법원 2016.08.09 2016가단11932
대여금 등
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. From April 199, the Plaintiff operated the salary-processing company with the trade name “F” in the same business or alone. Defendant E is the Plaintiff’s partner, Defendant E is the husband, and Defendant C, the husband of Defendant E, worked as the factory of the above “F” and retired from the office around October 2005.

B. On April 19, 2006, the Plaintiff filed a lawsuit against Defendant C with Busan District Court Decision 2006Da243819, demanding payment of the balance of the leased principal amount of KRW 16,728,000, and delayed payment damages. On October 13, 2006, the above court rendered a judgment that recognized the Defendant C’s obligation of KRW 2,228,000 and delayed payment damages.

On March 28, 2008, the appellate court acknowledged the obligation of the principal of the above loan of Defendant C as the first instance court rendered a decision of 2006Na19075 on March 28, 2008. However, the appellate court accepted the claim of offset against the Plaintiff’s claim of KRW 2,406,080 against the Plaintiff and dismissed the Plaintiff’s claim of the loan.

After that, the plaintiff appealed on July 24, 2008, the Supreme Court sentenced the dismissal of appeal to the Supreme Court by 2008Da28533 on July 24, 2008, and confirmed the above appellate judgment (hereinafter "the judgment prior to the appeal of this case").

[Ground of recognition] The fact that there is no dispute, Gap 8, 9, Eul 1 through 3 (including additional numbers), the whole purport of pleading

2. Determination as to Defendant C

A. The summary of the parties’ assertion is as follows: (a) the Plaintiff loaned KRW 16,30,000 in total to Defendant C; (b) the Plaintiff did not receive only KRW 4,772,00,000; and (c) the Plaintiff sought payment of KRW 11,528,000 remaining loans; and (b) the Plaintiff embezzled KRW 15,68,920 out of the processing fees received from Plaintiff’s business partners G, H, and I from October 11, 2005 to October 26, 2005 without returning to the Plaintiff; and (c) thus, the Plaintiff sought the return of the said embezzled amount.

The lending method of 1,00,000 won in cash on or around December 25, 1999 shall be 2,000,000 won on or around July 200, 200, around July 28, 2000 4. 3,000,000 won on September 3, 200, 5200 5.3,000 won on September 3, 2000 6,00,000 won on June 2, 2001.

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