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(영문) 서울남부지방법원 2019.01.11 2016가합3974

대여금 등

Text

1. As to Defendant B’s KRW 290,460,00 and KRW 289,060,00 among them, Defendant B shall be KRW 1,40,000 from December 28, 2015 to the Plaintiff.

Reasons

1. Judgment as to the main claim

A. From January 2, 2015 to June 11, 2016, the Plaintiff’s assertion: (a) remitted KRW 55,750,00 in total to Defendant C and D’s account; and (b) KRW 14,00,00 in total to E’s account; (c) lent KRW 569,750,000 to the Defendants; and (d) the Defendants repaid only KRW 194,10,000 to the Plaintiff until December 27, 2015.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 361,650,00 (= KRW 555,750,000) - KRW 194,100,000), Defendant B is jointly and severally liable to pay damages for delay.

B. Determination as to the cause of claim is acknowledged that the Plaintiff wired money as indicated in the following table 11-3 and 5-10 to Defendant C, and lent money totaling KRW 350 million to Defendant B; Defendant C guaranteed the Defendant B’s obligation totaling KRW 200,000,000,000 to Defendant C and D’s account as indicated in the following table 1: (a) there is no dispute between the parties; and (b) according to the description in the evidence Nos. 3, 4, and 8, the Plaintiff wired money totaling KRW 355,750,000,000, including the above KRW 350,000,000,000 from January 2, 2015 to January 4, 2016.

Defendant C 10,00,000 KRW 30,00. 2. 1. 2. 2. 0, 100,00 KRW 30,00 on January 3, 2015; Defendant C 50,000 KRW 40,50 on January 15, 2015; KRW 50,500; KRW 50,000 on January 21, 2015; KRW 10,000; KRW 10,000; KRW 10,000; KRW 10,000; KRW 10,000; KRW 10,50 on January 22, 2015; KRW 10,000; KRW 10,00,000; and KRW 10,000 on May 20, 2015; and