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(영문) 의정부지방법원 2017.08.30 2017가합374

대여금

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On April 2007, Defendant C and friendly job offers to the Plaintiff without any intent or ability to repay the Plaintiff’s assertion, stating, “The total amount required to proceed with a petroleum festival event at a beach is KRW 600 million. The committee for attracting Pyeongtaek Winter Olympic Winter Games has received KRW 200 million and the Defendants has secured KRW 200 million, and only KRW 200 million may proceed with the project. Defendant C is from the Republic of Korea, and Defendant B’s private relationship is F, so it is possible to proceed with the project, and the project is a business that may create a minimum of KRW 1.2 billion, and the project is a business that may create a revenue of KRW 1.2 billion.”

On May 17, 2007, the Plaintiff agreed to lend KRW 200 million to the Defendants at the interest rate of 7% per annum and due date of payment on August 30, 2007.

The Plaintiff issued a promissory note with KRW 200 million to G. The Plaintiff paid KRW 199,850,030 to the Defendants by transferring money from the post office account under the Plaintiff’s name to Defendant B’s account, or transferring money to the bank account and check card in the Plaintiff’s name.

(The details asserted by the plaintiff are as shown in the attached Form). However, the defendants did not pay them to the plaintiff after the due date agreed to by the plaintiff.

Therefore, the defendants jointly deceiving the plaintiff by deceiving the money and thereby causing damage equivalent to the above money to the plaintiff. Therefore, the defendants are jointly and severally liable to pay 199,850,030 won and damages for delay caused by the illegal act to the plaintiff.

2. Although there is no dispute between the parties to the sales market, or according to the purport of the entire pleadings in Gap evidence Nos. 1, 2, 16, 21-2, and 1, H Co., Ltd. was established on May 17, 2007. The representative director and directors were registered as the Defendants, and the post office passbook Nos. 1, 207 to the defendant B at the post office passbook No. 30, 2007, and KRW 8.5 million on June 1, 2007. < Amended by Presidential Decree No. 20190, May 30, 2007; Presidential Decree No. 2020, Jun. 1, 2007>