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(영문) 의정부지방법원 고양지원 2018.08.02 2017가단92393
대여금
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. Basic facts

A. The Plaintiff and Defendant B had been legally married on June 15, 2015.

B. On May 20, 2016, the Plaintiff filed a counterclaim against Defendant B seeking divorce and consolation money of KRW 20 million (Seoul District Court Decision 2016Ddan7894). On January 18, 2017, Defendant B filed a counterclaim against the Plaintiff seeking divorce and consolation money of KRW 30 million (Seoul District Court High Court Decision 2017Ddan60465).

C. As to the principal lawsuit and counterclaim, the judgment that “the Plaintiff and Defendant B are divorced. All claims for consolation money against each of the Plaintiff and Defendant B are dismissed.” (hereinafter “instant judgment”) was rendered on June 18, 2017 and finalized on June 24, 2017.

On the other hand, on June 24, 2016, before Defendant B received a copy of the complaint on the above merits, Defendant B prepared and delivered the loan certificate (hereinafter “the loan certificate of this case”) as follows, and Defendant C signed and sealed the loan certificate of this case as joint and several sureties.

The above-mentioned amount of KRW 50,500,000 (50,000) shall be borrowed on June 16, 2015, provided that 43,50,000 out of the above-mentioned amount shall be the amount borrowed on June 16, 2015, and the remainder of KRW 7,000,000 shall be the amount borrowed on June 10, 2016. If, due to his mistake, he will not lead a matrimonial life with the Plaintiff. If the marital life is destroyed, Defendant B shall return to the Plaintiff KRW 50,000,000,000,000,000, which is the amount written on the loan certificate.

In addition, the above amount will be paid in case of gambling at any time due to one's mistake.

[Ground of recognition] The facts without dispute, Gap evidence No. 1-3 (the defendants alleged that the above document was made by the plaintiff's coercion, but there is no evidence to acknowledge it), Gap evidence No. 2-5, Gap evidence No. 9, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is KRW 1 million on May 15, 2015, and KRW 435 million on June 16, 2015.

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