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(영문) 수원지방법원 2019.07.18 2018가단513814

약정금

Text

1. Defendant C’s KRW 97,700,000 as well as 15% per annum from October 6, 2018 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. 1) From July 3, 2017 to November 8, 2017, the Plaintiff remitted total of KRW 2350 million to Defendant B, and Defendant B remitted the said money to Defendant C as an investment deposit with Defendant C. Defendant C. (2) On March 7, 2018, Defendant C borrowed KRW 130 million from the Plaintiff and the Plaintiff borrowed KRW 130 million from the Plaintiff until March 16, 2018.

3) Meanwhile, Defendant C was sentenced to nine-year guilty verdict on November 27, 2018 due to the fact that he/she acquired KRW 28 billion in total from Defendant B from June 23, 2014 to March 6, 2018 by fraud that he/she would pay 2% interest per week if he/she makes an investment in Defendant B, and that he/she acquired KRW 28 billion from Defendant B by fraud, etc., and was sentenced to the judgment of conviction for nine-year imprisonment with labor due to the Jyang-gu District Court High Court 2018Dahap164, Nov. 27, 2018. Defendant C appealed and is still pending in the appellate trial as Seoul High Court 2018No3355. [The purport of each of the statements, evidence No. 2,5,7, 10, and 111, respectively, and the purport of the entire pleadings.

B. The Plaintiff’s assertion and judgment 1 Plaintiff’s assertion ① The Plaintiff lent KRW 235 million to Defendant B. As such, Defendant B is obligated to pay the Plaintiff the above loan amounting to KRW 235 million, which is part of the loan amounting to KRW 97.7 million, and delay damages therefrom.

② Since Defendant B agreed to return the said money to the Plaintiff, Defendant B is obligated to pay to the Plaintiff the said agreed amount of KRW 235 million, which is part of the said agreed amount of KRW 97.7 million and delay damages therefrom.

③ Since Defendant C’s joint and several sureties’s joint and several sureties’s debt to the Plaintiff, Defendant B is obligated to pay the Plaintiff the joint and several sureties’s debt amounting to KRW 97.7 million, which is part of the joint and several sureties’s debt amounting to KRW 235 million, and the damages for delay.