(영문) 서울북부지방법원 2014.10.22 2013가단46556

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(영문) 서울북부지방법원 2014.10.22 2013가단46556

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleading in Gap evidence Nos. 1 to 4, 6 to 8, and Eul evidence No. 2, 5 to 9:

Won, the Defendants, and the Defendants related to D, and E are married with the Plaintiff, and the Plaintiff is transferred to the south of Defendant C’s private village, and E is referred to as D and the Plaintiff’s whole principal.

B. The Defendants, the Plaintiff, and D, and the issuance of the Promissory Notes of this case (1) received KRW 500 million from D, the Plaintiff’s former wife on December 2002, 200, from the Defendant B received KRW 500 million as investment funds. Thereafter, the Defendants paid KRW 250 million as payment or payment in lieu of, and paid in lieu of, the amount of KRW 250 million.

(2) On August 24, 2004, the Defendants, D, and the Plaintiff agreed to convert the remaining investments into loans (hereinafter “instant loans”). The Defendants jointly issued promissory notes with D and the Plaintiff, stating a special agreement prohibiting an endorsement transfer of KRW 250 million at a face value (hereinafter “instant promissory notes”) to secure the above loan obligations, and written and issued the authentic deed of promissory notes.

C. On the other hand, on March 24, 2005, the Plaintiff borrowed KRW 280 million from E, the head of the Plaintiff, as of March 24, 2005, and completed the registration of the establishment of a neighboring apartment in Seoul Jung-gu G apartment 506 Dong 205, Seoul Jung-gu, Seoul, China, and China.

(2) On December 8, 2007, the Plaintiff and E agreed to sell the G apartment owned by the Plaintiff and pay to E the remainder after deducting the senior collateral security obligation from the purchase price. The Plaintiff agreed to transfer the instant promissory notes and loan claims owned by the Plaintiff against the Defendants to E, and the said loan obligations are entirely extinguished.

(3) In accordance with the above agreement, the Plaintiff’s share of the Plaintiff’s Promissory Notes and Loan Bonds to E on July 21, 2009.

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