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(영문) 창원지방법원통영지원 2016.08.25 2015가단25623
대여금
Text

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

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) around October 2014, the Defendants loaned KRW 200 million to the Plaintiff as it was insufficient to provide the Plaintiff with funds to trying to carry out the project with D, and, at the latest, paid up to March 31, 2015. (2) On October 16, 2014, the Plaintiff lent money from the Busan Bank Account under the name of the Plaintiff E to the 200 million won in the name of the Defendant C.

B. It is not sufficient to acknowledge that the Plaintiff lent KRW 200 million to the Defendants only with the statement of the judgment fee, Gap evidence No. 1, and there is no other evidence to acknowledge it.

C. Determination 1 on the Plaintiff’s application for resumption of oral argument is, in principle, subject to the court’s discretion, whether to accept the application for resumption of oral argument in order to submit arguments and certifications after the closing of oral argument. However, as in the case where the party who filed the application for resumption of oral argument failed to have the opportunity to submit arguments and certifications due to the reasons for which it is difficult to impose responsibility on him/her before the closing of oral argument, and where the subject matter of argument and certification constitutes facts requiring proof that may depend on the outcome of the judgment, the court is obliged to resume oral argument and continue the hearing in violation of the procedural justice pursued of the Civil Procedure Act (see Supreme Court Decision 2013Da27343, Oct. 27, 2014). In this case, the Plaintiff failed to have the opportunity to submit arguments and certifications due to the reasons for which it is difficult to impose liability on him/her prior to the closing of oral argument, and cannot be viewed as falling under the case where the subject matter of the judgment can be determined by the result of the pleading and certification.

2. Conclusion, ..

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