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(영문) 서울동부지방법원 2016.06.01 2014가단13991
대여금등
Text

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

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff lent KRW 50,00,000 to Defendant B, who was the head of October 14, 2008, and Defendant C, who was the wife, promised to jointly and severally pay the said loan to the Plaintiff on July 9, 2013, and the Defendants jointly and severally held that the agreement between October 20, 201 and February 2014, the Defendants are liable to pay the Plaintiff KRW 60,200,000, which is the sum of the loan and the amount of KRW 10,20,000.

B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 2 through 4, and 9, the plaintiff and defendant C have earned a marriage ceremony on or around April 6, 2006, and had completed a marriage report on or around December 22, 2006, and have divorced after the Seoul Family Court Decision 2013rdle80149 (principal claim), and 2013rdle31430 (Counterclaim) decided on July 31, 2015, the plaintiff lent KRW 50,000 to the account under the name of defendant C, his father, 200, 300 through 90, 2000, 300 to the above account of defendant C’s 160, 200, 2009 to the above account of defendant C’s 160, 200, 3005, 2000 to the above account of defendant C’s 200, 2001.

However, the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings in each of the aforementioned evidence and evidence Nos. 1, 2, 4, 8, and 9-1 through 3, namely, the Plaintiff and Defendant C were born on June 13, 2007, and since long time has not elapsed, the Plaintiff and Defendant C up to September 2008.

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