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(영문) 서울중앙지방법원 2018.06.11 2017가단5074418

대여금

Text

1. Defendant D shall pay to the Plaintiff KRW 9,00,000 and the interest rate of KRW 15% per annum from April 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s attached E (hereinafter “the deceased”) died on February 26, 2016, and there was the Plaintiff, F, and G as the deceased’s heir.

On July 29, 2016, the Plaintiff’s report on qualified acceptance and the return on the waiver of inheritance between F and G was accepted respectively.

B. The Deceased entrusted Defendant B with the management of the lease of his own real estate, and requested Defendant C, who operated the marriage brokerage business, to introduce and change women who can be remarried.

C. On October 5, 2015, the Deceased remitted KRW 3,000,000 to Defendant B’s account, and KRW 21,000,000 on December 23, 2015, and upon Defendant D’s request to lend money to the Deceased, the Deceased wired KRW 9,00,000,00 to D’s account.

Defendant B transferred KRW 3,00,000 to each Defendant C on October 5, 2015, and KRW 20,000,000, out of the money remitted from the Deceased. < Amended by Act No. 13583, Dec. 23, 2015>

[Reasons for Recognition] Defendant B and C: A without dispute, entry of Gap 1 through 4, Eul 1 and 2, and the purport of the whole pleadings, Defendant D: Confession (Article 150(3) of the Civil Act)

2. According to the above facts finding as to the claim against Defendant D, Defendant D is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 19, 2017 to the day of full payment, which is obvious that it is the day after the delivery of a copy of the complaint of this case to the Plaintiff.

3. Determination as to claims against Defendant B and C

A. Defendant B introduced Defendant C to the deceased who sought the same as the Plaintiff’s assertion of the parties, and the said Defendants also arranged marriage.

On October 5, 2015, the Deceased remitted KRW 3,000,000 to the starting fee. After introducing H to the Deceased, the Deceased and H decided to marry, the Deceased paid KRW 21,00,000 of the contingent fee to the said Defendants on the condition of marriage establishment, but marriage was in the change of H.

Defendant B and C mean “H has a marital will,” and the Deceased.