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(영문) 인천지방법원 2021.02.19 2020가단215659

대여금

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1. The Plaintiff, Defendant C, and Defendant B, jointly with Defendant C, shareed KRW 36,00,000 and each of the said money.

Reasons

1. Basic facts

A. Defendant C had a relationship with the Plaintiff in the past.

2) Defendant B was punished by Defendant C, and reported the marriage on September 3, 2014 with Defendant D, and completed a divorce report on September 16, 2019.

B. around September 2019, Defendant B and C entered into a partnership relationship with each other and prepared a motor vehicle-related business.

2) As Defendant B and C need to receive a loan from the bank under the Plaintiff’s name, Defendant B and C provided that they will repay the loan later.

3) On October 11, 2019, the Plaintiff obtained a loan of KRW 26 million from E banks. On the same day, the Plaintiff withdrawn KRW 25.5 million out of the said money, and around that time, the Plaintiff got out of the said money to Defendant C.

4) On October 24, 2019, the Plaintiff demanded Defendant C to withdraw KRW 2.3 million from its own account.

5) The Plaintiff received a loan of KRW 10,703,00 from the F Bank on October 28, 2019, and transferred the amount of KRW 9.5 million out of that money to the Defendant D’s account designated by Defendant C on the same day. On October 29, 2019, the Plaintiff transferred one million won to the Defendant C’s account.

[Reasons for Recognition] The facts without dispute (excluding defendant B), Gap evidence Nos. 1 through 4 (including branch numbers), Eul evidence No. 3, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. The Plaintiff asserted that Defendant B and C (hereinafter referred to as “the Defendants” in this item) paid KRW 25.5 million around October 11, 2019, KRW 23 million on October 24, 2019, KRW 9.5 million on October 28, 2019, KRW 9.5 million on October 28, 2019, and KRW 38.3 million on October 29, 2019.

This money is either a loan to the Defendants or a joint tort committed by the Defendants by deceiving the Plaintiff.

Therefore, according to the Plaintiff’s selective claim seeking a loan or joint tort, the Defendants jointly have the obligation to pay 38.3 million won and delayed damages to the Plaintiff.

Plaintiff

On January 22, 2021, the litigation representative considered the statements, etc. at the fourth hearing date.