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(영문) 광주지방법원 2016.07.08 2015나12150
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Defendant B received KRW 25 million from January 30, 2004, when he joined the accounts for the limit of 25 million operated by D and performed its activities.

(hereinafter referred to as “this case’s fraternity amounting to KRW 25 million”) and for securing the payment of the accounts, D borrowed from Defendant B the above amounting to KRW 25 million from Defendant D on the same day, and issued to Defendant C a certificate of borrowing to the effect that Defendant C is a joint and several surety.

(hereinafter “instant 25 million won loan certificate”). B.

After that, Defendant B received KRW 30 million from March 24, 2005 when he joined another fraternity due to the amount of KRW 30 million operated by D.

(2) In the event that there is no need to distinguish the instant fraternity from KRW 30 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(hereinafter “instant 30 million won loan certificate,” and when there is no need to distinguish the instant 25 million won loan certificate from the original loan certificate, hereinafter “the instant loan certificate”). C.

After that, D was sentenced to one year of imprisonment for fraud in the case of Gwangju District Court Maritime District Court 2009 High-Ma39, 2009 High-Ma39, and it appealed against the above judgment, but the above judgment was dismissed, and it became final and conclusive as it is, even if the victims did not have any intent or ability to pay a normal guidance to the victims in relation to the limit operated from November 22, 2006 to August 22, 2008.

On the other hand, from around 2001 to around 201, Defendant B operated the “I restaurant” in the name of “I restaurant” on the two parcels, Hado-gun, Hado-gun, and the other two parcels.

E. D on July 10, 2013, claims against the Plaintiff under the instant loan certificate.

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