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(영문) 서울북부지방법원 2015.01.15 2013가합7572
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is the Plaintiff’s friendship and is not aware of the Defendant.

B. On April 15, 201, the Plaintiff’s sonD remitted 64 million won to C on April 15, 201, and the Plaintiff remitted 8 million won to C on November 8, 2013.

C. On December 15, 2009, the Plaintiff filed a lawsuit against the Defendant for a loan claim with the Seoul Northern District Court, and argued that “The Plaintiff loaned the Defendant a lease deposit received from the lessee of the Seoul Western-gu multi-family house owned by the Plaintiff on August 2, 2005, KRW 5 million on October 1, 2005, KRW 500,000 on October 27, 2005, KRW 30 million on December 14, 2005, KRW 40 million on October 20, 2007, and KRW 5 million on April 30, 2008, respectively,” and the above court dismissed the Plaintiff’s claim on August 12, 2010.

Therefore, the Plaintiff appealed, but was sentenced to the dismissal of the appeal on June 3, 2011.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence Nos. 8, 9, 30, 34, 38, 42, Eul’s evidence Nos. 1 and 2, the result of commissioning the Seoul Northern District Court to send documents, the purport of the entire pleadings

2. The judgment of the court below: ① the Defendant borrowed the above amount of KRW 500,00,000 from September 25, 2005, KRW 500,000,000 on October 1, 2005, KRW 10,000,000 on October 27, 2005, KRW 30,000 on December 14, 2005, KRW 50,000,00 on October 20, 207, KRW 305,000,000 on April 30, 208, KRW 50,000,000 from the lessee of the land E-owned in the name of C through the Plaintiff, and the Defendant did not claim for reimbursement of KRW 375,00,000,000 on April 30, 200, KRW 135,0000 on the loan to C as above.

First, as the premise of the Plaintiff’s assertion, the Defendant.

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