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(영문) 서울동부지방법원 2018.02.20 2015가단7474

대여금

Text

1. The Plaintiff:

(a) Defendant B’s KRW 20,900,000 and for this, KRW 20% per annum from March 18, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. When Defendant C lends KRW 2 million from Defendant B, Defendant C will pay KRW 130,000 to Defendant C for every five days the principal and interest.

Around July 2014, 2014, the Plaintiff recommended the Plaintiff to deposit money into Defendant B, stating that “If a certain amount of money is paid to Defendant B who deals with a large amount of money in Chuncheon, the principal and the high amount of interest shall be paid every five days every 100 days per unit.”

B. Accordingly, the Plaintiff deposited KRW 70,40,000 in total of the amount to be paid from September 18, 2014 to Defendant B, including the deposit of KRW 10,900,000 on September 18, 2014, and KRW 10,000 on September 19, 2014, from September 18, 2014 to December 16, 2014, and received KRW 41,330,000 in total of the amount to be returned from Defendant B out of the details of the deposit and withdrawal.

C. Meanwhile, on June 30, 2017, Defendant B was convicted of a criminal fact that “Defendant B, while having no intent or ability to pay the principal and earnings as described in the foregoing paragraph (a)” was found guilty of having committed a crime that “The Defendant B, in collusion with Defendant B, by deceiving the Plaintiff and receiving the same money as described in the foregoing paragraph (b) from the Plaintiff, was obtained.” The Defendant C was convicted of a criminal fact that “The Defendant, in collusion with the competent government office, did not obtain the authorization, obtain permission, register, or report from November 11, 2013 to December 16, 2014, without being required to obtain the authorization, registration, or report from all six investors, including the Plaintiff, from the total of six investors, including the Plaintiff, to the total of 3,327,930,00 won of investment in the manner described in the foregoing paragraph (a).”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 and the purport of the whole pleadings

2. The plaintiff's assertion No. 1-B from the plaintiff

As stated in paragraph (1), the Defendant C borrowed money and did not pay KRW 27,740,00 to the Plaintiff, and Defendant C jointly and severally guaranteed the above loan-prohibited obligation of Defendant B. The Defendants jointly and severally are liable to pay the Plaintiff KRW 20,900,000 out of the above 27,740,000 and damages for delay.