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(영문) 부산지방법원 2015.04.17 2014가단73660
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant prepared and delivered a loan certificate and a letter (hereinafter “this case’s loan certificate and a letter”) to the Plaintiff as follows:

The amount of loan certificate: 54 million won (54,00,000) shall be borrowed from the borrower A to the beginning of August 2007 from January 2009, and the interest shall be calculated as two copies per month, respectively, on October 2, 2010, each of the above holders borrowed a gold of KRW 54,000,000 from the borrower A and was unable to fully repay the interest, and thus, he/she was unable to obtain a loan of KRW 54,000,000 from the borrower, and he/she was unable to fully repay the interest, and thus, he/she shall complete the registration of ownership transfer in the name of AC, the lease of which is the condition that the principal and interest shall be repaid from the borrower A, Seoul Special Metropolitan City, Chungcheongnam-do, and 3,190 square meters of the land of KRW 667,00 and 3,190,00,00

b. Each entry of November 20, 2010 / [based grounds for recognition] A1 and 2

2. The assertion of the party's own will.

A. The Plaintiff lent money to the Defendant as stated in the above loan certificate, and the Defendant prepared the instant loan certificate and the letter to the Plaintiff.

B. The Defendant did not borrow money from the Plaintiff as stated in the above loan certificate, and the loan certificate and each of the documents in this case are invalid as a document prepared by a conspiracy, false representation, or false intention expression.

3. In full view of the facts without dispute over judgment, the statements in Eul-1 to 20, the testimony in witness E, and the purport of the whole pleadings, the following facts may be acknowledged. Contrary to this, Gap 16's statements are likely to be believed, and the rest of the plaintiff's submission alone does not interfere with the above recognition.

The defendant, around April 2010, entered the general process of herb drugs conducted by the Korean Social Education Center in the Busan So-dong-gu, Busan, and was paid at first to the plaintiff who was enrolled in the process of herb drugs. The defendant purchased the commercial buildings of F 402 and 403 Busan Shipping Daegu Do-si, Inc. (hereinafter referred to as "foreign company") on May 23, 201, from Abdo-in Co., Ltd. (hereinafter referred to as "the non-party company"), and 100 million won out of the purchase price to the non-party company immediately upon the request of the non-party company.

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