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(영문) 전주지방법원 2017.08.16 2016가단6592
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the plaintiff lent KRW 40 million to the defendant, and the defendant is obligated to pay the above borrowed money and delay damages to the plaintiff, and the defendant introduced the plaintiff upon the request of C to lend money, and the plaintiff introduced the plaintiff, and the plaintiff directly delivered three copies of the check of KRW 10 million to C and remitted KRW 10 million to the deposit account in the name of D, which is a child of KRW 3,000,000,000 to C. The plaintiff filed a criminal complaint against the defendant as the plaintiff was unable to receive the loan from C, and the defendant was subject to a disposition without suspicion by the investigative agency to prepare the certificate of borrowing from the plaintiff, and the defendant did not borrow money from the plaintiff.

2. According to the overall purport of Gap evidence Nos. 1, 2 and 6, and evidence Nos. 5-2, the defendant issued a loan certificate to Eul around August 6, 2014, stating that "the plaintiff demanded the defendant to make a loan certificate while demanding the defendant to pay the money, and the defendant shall pay the plaintiff or be responsible for the defendant." On February 17, 2015, the plaintiff filed a complaint with the Kim Jong-gu Police Station against the defendant for fraud, and the defendant lent KRW 30 million from the plaintiff on April 7, 2015 to Eul on September 25, 2012, and the defendant prepared and delivered a loan certificate (Evidence No. 1) stating that "the plaintiff lent from the plaintiff on September 25, 2012," and the defendant was subject to a disposition for non-guilty facts.

However, it is not sufficient to recognize that the Plaintiff lent a total of KRW 40 million to the Defendant on September 25, 2012 and KRW 10 million on October 24, 2012 only with the testimony of the above facts of recognition and witness C, and there is no other evidence to acknowledge otherwise.

Rather, according to the evidence Nos. 4 and 1, and witness C’s testimony, the Plaintiff delivered KRW 30 million in total to C, which was found in the factory located in Kim Jong-si operated by the Plaintiff on September 25, 2012, and the Plaintiff issued KRW 30 million in total.

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