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(영문) 의정부지방법원 2019.09.05 2018가단134383
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. At the request of Defendant B, the Plaintiff: (a) transferred KRW 40 million to the new bank account (D) of Defendant C, which is the said Defendant’s father; and (b) KRW 26 million on October 13, 2016; and (c) on December 12, 2017, the Plaintiff filed a lawsuit against the Defendants on the ground that he/she is the joint owner of the said funds; (b) he/she received KRW 133949, Jan. 23, 2018; and (c) withdrawn the lawsuit on January 26, 2018 with the payment of KRW 500,000,000 from the said Defendant’s father, to the said Defendant’s new bank account (D); or (d) obtained the said Defendant’s withdrawal of the lawsuit according to the evidence under subparagraphs 1 through 4 and 2-2 of the said Article.

2. Determination on the defense prior to the merits

A. The Plaintiff asserted the cause of the Plaintiff’s claim that lent KRW 66 million to the Defendants.

Even if Defendant C is not a joint borrower, the above Defendant’s unjust enrichment by offering the joint and several debt of Defendant C’s loan or by transferring money to his account.

Therefore, the Defendants are jointly and severally liable to pay the remainder of KRW 12 million to the Plaintiff, and the Plaintiff is jointly and severally liable to pay KRW 54 million to the Plaintiff. Therefore, the Plaintiff shall file a claim for the payment of the above amount with the instant lawsuit.

B. Defendant B paid KRW 6 million to the Plaintiff on November 9, 2016, and paid KRW 7 million on January 23, 2017, which was the basis of the previous lawsuit, and prepared a loan certificate (Evidence A5) stating that he/she would repay KRW 43 million on three occasions until April 27, 2018, after paying KRW 7 million on January 23, 2017, which was the basis of the previous lawsuit. However, the Plaintiff paid KRW 5 million on January 24, 2018, and the Plaintiff signed and sealed the written agreement (hereinafter referred to as “the written agreement of this case”) under the item of “the written agreement of withdrawal of complaint” (hereinafter referred to as “the written agreement of this case”) under the following items, which states that he/she would withdraw the lawsuit from the previous lawsuit, can be acknowledged as having been the same as the Plaintiff withdrawn.

Case number: 2017 A loan.

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