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(영문) 서울중앙지방법원 2016.06.09 2015가단5219880
대여금
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the facts, or in full view of the statements in Gap evidence 1 and 2 and all the arguments:

C and D were living together from the beginning of 2002 and completed the marriage report on October 28, 2005. On November 2009, when the marriage report began to grow worse due to the aggravation of the space around the first half of 2009, and they were divorced by the Seoul Family Court Decision 2010dhap1258 (main office) and 2010dhap2879 (Counterclaim) case on October 5, 2011.

B. Both C and D were remarriedd, and the Defendant, as a child of the former spouse of D, was between C and C.

C. From April 2005, the Defendant has operated a restaurant with the trade name of “F” on the first floor of Eunpyeong-gu Seoul E B Dong from Eunpyeong-gu.

C The Seoul Western District Court Decision 201Kahap4100, arguing that the lessee of the restaurant store in the preceding paragraph is himself, and that he returned 130,000,000,000,000 rental deposit to the lessor G in subrogation of G in the first place, and that he lent 130,000,000 won to G in the first place to the Defendant so that he can be used as a rental deposit. However, the above court dismissed the above claim for G on September 7, 2012 for the reason that it is reasonable to see that the lessee of the above store is not C, and dismissed the principal claim against the Defendant, while recognizing the fact that C lent 130,00,000 won to the Defendant, the court rendered a judgment dismissing the above claim against the Defendant by deciding that the Defendant repaid 143,444,170,000 won from May 20 to February 10, 2006.

On February 15, 2013, the Seoul High Court case 2012Na79813, which was appealed and pending by C, paid C KRW 30,00,00 to C by May 31, 2013, and C has made a decision of recommending reconciliation with the content of giving up the claim against G and the remaining claims against the Defendant.

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