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(영문) 광주지방법원 2018.10.25 2017가단518385
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff wired the amount of KRW 30,000,000 on September 25, 2014, and the total amount of KRW 10,000,00 on October 14, 2014, and KRW 2,700,000 on October 17, 2014, and KRW 3,600,000 on October 20, 2014, and KRW 50,000 on November 27, 2014, and KRW 4,50,000 on November 27, 2014, and KRW 10,000 on December 15, 2014 (hereinafter “the instant account”).

B. Meanwhile, there are the following loan certificates and notes, in which the creditor is indicated as the plaintiff and the debtor as the defendant, and each of them is affixed with seals and seals affixed on the side of "B for rent."

On October 24, 2014, evidence of the guarantor’s period of reimbursement (won) as of September 24, 2014, the Defendant’s respective arguments were examined as to the forgery of DA7 on October 30, 2014, 4,000,000,000 on October 24, 2014, and 4,00,000,000 as of October 30, 204, and 3,00,000,000 as of November 14, 2014 (each of the above evidence 1,5,00,000,000,000,000 as of November 5, 20, 200, 200, and 10,000,000 each of the above evidence / [No evidence 1,50,01,05,000,000 each of the above evidence / [No evidence 1,5,201,20105,200

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's primary claim (1) is that the defendant directly borrowed the loan of this case from the plaintiff through D in a de facto marital relationship, or grants fundamental power of representation by granting D the right to do financial transaction by opening the account of this case in his own name. As such, D bears the responsibility of expression as to the act of borrowing the loan of this case.

(2) The first preliminary claim was made by the Defendant without any legal cause, and thus, the amount of the instant loan was remitted to the instant account, and thus, the Plaintiff is obligated to return the instant loan to the Plaintiff.

(B) The second preliminary claim is filed by the Defendant, and this case is filed with D.

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