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(영문) 서울동부지방법원 2017.10.18 2015가단119476

손해배상(기)

Text

1. The plaintiff

A. Defendant D shall pay KRW 40,000,000 as well as 15% per annum from January 2, 2016 to the date of full payment.

Reasons

1. Terms and conditions of lease and repayment;

A. On November 26, 2014, the Plaintiff transferred KRW 50 million to E’s account on the request of the Defendants for lending.

On the day, Defendant C and D indicated the loan certificate (Evidence 2) stating that they are jointly and severally guaranteed for the above KRW 50 million on the same day and signed as a joint and several surety.

B. Defendant C and D signed on December 26, 2014, stating that the reimbursement of KRW 50 million was made by January 15, 2015, on the following: (a) Defendant C and D signed on the “garment” (Evidence A 3).

In addition, on February 17, 2015, Defendant B and C prepared and signed a document stating that the aforementioned KRW 50 million will be repaid by March 30, 2015.

C. The Defendants were sentenced to a suspended sentence of imprisonment on August 18, 2017 in the Suwon District Court case, including Suwon District Court Branch Decision 2016 High Court Decision 2129, 2690 (merged) fraud, and Defendant B and D appealed, and Defendant C did not appeal and became final and conclusive.

The part of the criminal facts found guilty in the above judgment related to this case is that "the defendant was planned to use them for other purposes even if he borrowed money to the plaintiff, and without the intent and ability to repay, and was remitted KRW 50 million to the plaintiff as the acquisition price of Kclart E.

In the process of the above trial, Defendant B agreed to pay the Plaintiff in installments the amount of KRW 30 million, and Defendant C agreed to pay the said amount of KRW 20 million in installments, and the Plaintiff expressed its intent not to have the said Defendants punished in the above court.

According to the above agreement, Defendant C repaid the Plaintiff a total of KRW 10 million.

[Reasons for Recognition] Defendant C: Each entry of evidence Nos. 2, 3, 7, 8, 9, and 10, and the purport of the whole pleadings as to the confessions made by Defendant C and D

2. Determination

A. The Plaintiff’s obligation to pay the Defendants asserted the Defendants’ claim for loans and joint and several sureties, or damages arising out of tort.

According to the above facts, the Defendants were to have the above loan certificates against the Plaintiff.