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Reasons
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(영문) 의정부지방법원고양지원 2019.03.27 2018가단10596
대여금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff holds four copies of the loan (A, 1, 3, 8, and 7-1) as follows:

1) On August 1, 2001, Defendant B borrowed 5 million U.N. on October 1, 2001 and jointly and severally guaranteed Defendant D and C’s loan obligation. (2) On September 30, 2001, Defendant B borrowed 3 million U.N. on November 30, 2001 and jointly and severally guaranteed Defendant C’s loan obligation.

3) On November 24, 2003, Defendant B borrowed on August 30, 2004, the due date for payment of KRW 5 million in Japan, as of August 30, 2004. The reorganization of 5 million as of August 24, 2004, and 2 million, the following talks. 4) Defendant B promised to pay the due date by August 31, 2004.

B. From March 15, 2012 to February 12, 2014, Defendant B deposited KRW 17 million in total to the Plaintiff ( KRW 3 million on March 15, 2012, KRW 200,000 on June 1, 2012, KRW 1 million on June 29, 2012, KRW 1 million on August 31, 2012, KRW 1.5 million on October 31, 2012, KRW 3.5 million on October 31, 201, KRW 1.5 million on November 30, 2012, KRW 1.5 million on November 30, 2012, KRW 3.5 million on January 1, 2013, KRW 1.5 million on January 1, 2013, KRW 1.5 million on January 30, 2013, KRW 1.5 million on March 1, 2013.

[Reasons for Recognition] Gap 1 to 5, Gap 8, Gap 7-1 and 2

2. Assertion and determination

A. The Plaintiff asserted as follows: (a) on August 1, 2001, under Defendant D and C’s joint and several surety, lent 500N in Japan to Defendant B; and (b) on September 30, 201, under Defendant C’s joint and several surety, additionally lent 300N in Japan to Defendant B.

After Defendant B’s repayment to the Plaintiff on November 24, 2003, the Plaintiff was dismissed on the following grounds: (a) at the time, Defendant B’s repayment was recognized as one million UN and agreed to deduct the total amount of loans from 8 million UN on the basis of 1 million UN; and (b) to pay the remainder of 7 million UN by August 30, 2004 (Evidence A7-1).

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