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(영문) 의정부지방법원고양지원 2016.02.04 2015가단18636
차용금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

On December 7, 2007, the Plaintiff requested the Defendant to lend KRW 30,000,000 to the Plaintiff on the ground that the Plaintiff had a duty to leave the Republic of Korea from a foreign country due to the Defendant’s failure to pay a fine. On the 14th day of the same month, the Plaintiff issued two copies of the non-bank 10,000,000 bills from the Nonghyup and lent KRW 30,000,000 in total for the non-bank 10,000 bills.

Defendant requested to lend to C as a matter of unpaid fine, and borrowed KRW 20,000,00 from C, not the Plaintiff, and paid KRW 73,200,00 to C around April 2008.

However, according to the evidence submitted by the Plaintiff, as to whether the Plaintiff lent KRW 30,000,00 to the Defendant, the Plaintiff filed a complaint with the Defendant to the effect that: (a) one sheet of KRW 50,00,000 check was issued at the Nonghyup Bank on December 14, 2007; and (b) the Plaintiff, around December 14, 2010, issued one sheet of KRW 10,000 check; and (c) around December 14, 200, the Plaintiff, by deceiving the Defendant that he would be able to impose more money than KRW 30,00,000 in connection with the projects related to the establishment of the Tract Center in the Philippines; (d) the Defendant, as a fine, stated in the investigative agency that the Plaintiff would borrow KRW 20,00,000 from the Defendant under the pretext of a fine; (e) the prosecutor in charge of the Seoul Central District Prosecutor’s Office, who issued the above 300,0000,00 funds for the Plaintiff’s investment Association.

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