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(영문) 서울중앙지방법원 2017.07.18 2017가단5012731

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest thereon from February 8, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff shall lend KRW 40,000,000 to Defendant B on June 1, 2016 to Defendant B as “the due date for payment of KRW 20,000 ( KRW 20,000) and August 30, 2016 ( KRW 20,000)” and as “the due date for payment of KRW 30,000 ( KRW 20,000)” and it can be recognized that Defendant C has jointly and severally guaranteed the above obligation of Defendant B, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff unpaid loans and damages for delay as described in the Disposition No. 1.

2. Judgment on the defendants' assertion

A. The Defendants asserted to the effect that “the Plaintiff made an investment in connection with the Internet sports territory” is “the Plaintiff made an investment in Defendant B, but it is not sufficient to recognize each description of evidence Nos. 1 and 2, and there is no other evidence to acknowledge this. Therefore, the Defendants’ assertion is without merit.

B. The Defendants asserted to the effect that “the Plaintiff remitted money to make an investment in sports hosting, and this constitutes illegal consideration and thus the Defendants does not have any obligation to return the said money.” However, it is difficult to deem that the Plaintiff lent the said money due to the illegal cause (it is difficult to deem that the Plaintiff was aware of the illegal sports hosting by the Defendants) and there is no other evidence to acknowledge it. Therefore, the Defendants’ assertion is without merit.

3. Conclusion, the plaintiff's claim is justified, and all of them are accepted.