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(영문) 서울중앙지방법원 2021.02.09 2020나41544
대여금
Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. The reasons for the statement in this case are as follows, except for the dismissal of the judgment of the first instance or the addition of the judgment on the allegations made by the Defendants in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The portion of the first instance judgment, which was written, shall be “No. 45,00,000,000,000” during the fourth 1 of the first instance judgment, to “No. 45,000,000,000.”

3. The addition;

A. The Plaintiff asserted that the Defendants asserted that KRW 170,00,000 paid by the Plaintiff was the money invested based on the instant investment contract, but was lent to Defendant C, and Defendant C filed a false complaint, and Defendant C filed a false complaint, and subsequently Defendant C was indicted for fraud as Seoul Northern District Court Decision 2015 Godan4273, Seoul Northern District Court, and subsequently, Defendant C appeared as a witness in the said judgment and made a false statement to the effect that the said complaint was identical to the said complaint.

Defendant C was pronounced not guilty in the above case.

Defendant C paid attorney’s fees to cope with the above case, and suffered mental pain due to the Plaintiff’s false accusation and perjury. As such, the Plaintiff is liable for compensating Defendant C for KRW 59,00,000 and KRW 30,000,000 for attorney’s fees. However, if the Plaintiff’s claim is acknowledged, the said damage claim shall be set off on an equal basis with the Plaintiff’s automatic claim.

B. According to the evidence submitted by the Defendants, in light of the following circumstances: (a) the Plaintiff filed a criminal complaint against Defendant C by fraud; (b) Defendant C was indicted by fraud and rendered a judgment of not guilty; (c) but solely on the basis of these facts, it was known that the contents of the Plaintiff’s criminal complaint or the statement in criminal law were not consistent with objective truth in determining the cause of the Plaintiff’s claim; and (d) filed a criminal complaint or a false testimony without knowing

Since it is insufficient to recognize the defendants' above assertion, it is without merit.

4. The plaintiff's claim is reasonable.

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