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Reasons
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(영문) 수원지방법원 2017.08.10 2017가단509689
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 parties' assertion

A. On September 2009, the Plaintiff was paid a loan from C around the end of September, 2009, and sold real estate and kept the purchase price on October 2009, upon receipt of a request from the Defendant to lend KRW 100 million from the Defendant, the Plaintiff borrowed KRW 100 million in cash to the Defendant on October 20, 2009, and received a discount from the Defendant (Evidence 1).

However, the Defendant again lent KRW 100 million to the Plaintiff on the same day by account transfer to the Defendant on the same day.

On August 30, 2010, the Plaintiff lent KRW 100 million to the Plaintiff by account transfer, but the Plaintiff was repaid from the Defendant on August 30, 2010, but the loan of KRW 100 million was not yet repaid. Therefore, the Defendant is obliged to pay the Plaintiff the loan of KRW 100 million

B. On October 20, 2009, the defendant, at the time of borrowing KRW 100 million from the plaintiff by account transfer, prepared and paid the loan certificate, and did not borrow additional KRW 100 million in cash from the plaintiff on the same day.

2. Determination on the defense prior to the merits

A. On January 23, 2017, in cases where the Plaintiff filed a claim against the Defendant for the return of investment funds, etc. filed by the Suwon District Court 2016Gahap71849 against the Defendant, the Plaintiff and the Defendant adjusted on January 23, 2017 that “the Plaintiff and the Defendant do not make any claim against the civil and criminal other parties in connection with the instant case in the future.” As such, the instant lawsuit is unlawful as it contravenes the subordinate agreement of the said conciliation protocol or conflicts with the res judicata.

B. According to the evidence No. 1, the Plaintiff and the Defendant, on January 23, 2017, stated that “The Plaintiff and the Defendant do not have any civil and criminal claims against the other party in relation to this case in the future.”

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