beta
(영문) 울산지방법원 2017.11.15 2017가합22632

대여금

Text

1. The Defendant’s payment of KRW 144,00,00 to Plaintiff A, KRW 90,700,000 to Plaintiff B, and each of the said money from June 1, 2017.

Reasons

1. Basic facts

A. From April 17, 2013 to September 4, 2013, Plaintiff A determined and lent KRW 144,000,000 to the Defendant for a total of 12 times from April 17, 2013 to September 4, 2013 as one month after the date of the lending.

B. From May 16, 2013 to August 14, 2013, Plaintiff B determined and lent total of KRW 90,700,000 to the Defendant for a total of eight times from May 16, 2013 to August 14, 2013 as of the date of repayment after a week from the date of loan

C. On February 5, 2016, the Defendant was sentenced to imprisonment with prison labor for three years and six months in the Ulsan District Court Decision 2015Da2163, 308 (Merger) on the grounds that “a person who borrowed and acquired each of the above money from the Plaintiff even if he/she did not have the intent or ability to repay the above money,” and was charged with the crime of “the said money borrowed and acquired by deception.

Accordingly, the defendant appealed, but the appellate court of Ulsan District Court 2016No277 case, the appellate court dismissed the defendant's appeal on April 22, 2016, and the above judgment became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff A the amount of KRW 144,00,000 borrowed money, KRW 90,700,000, and KRW 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2017 to the date of full payment, as the Plaintiffs seek after the due date for each borrowed money.

3. Conclusion