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(영문) 서울동부지방법원 2016.05.12 2015가단26277

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from February 1, 2015 to the date of full payment.

Reasons

1. According to Gap evidence No. 3 as to the cause of the claim, the defendants jointly and severally paid KRW 100,000,000 to the plaintiff on December 31, 2014, and in installments KRW 30,000,000 until January 10, 2015, and KRW 70,000,000 until January 31, 2015, respectively, and in the event of delay, the defendants promised to pay damages for delay calculated at the rate of 20% per annum from the day following the due date to the day of full payment.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,000,000 as well as damages for delay calculated at the rate of 20% per annum agreed upon by the Plaintiff from February 1, 2015 to the date of full payment.

2. The Defendants asserted to the effect that, although E did not have the obligation to the Plaintiff to pay KRW 100,000,000 to the Plaintiff, E and the Plaintiff conspired with the Defendants as if they were to have the said obligation, they agreed to jointly and severally pay the said KRW 100,000 to the Plaintiff. Therefore, the Defendants asserted to the effect that the said repayment agreement was revoked on the grounds of fraud.

In light of the purport of the entire pleadings, the Plaintiff entered into a contract with E to make an investment of KRW 100,000,000 on March 17, 2013, and paid KRW 100,000 to E around that time. However, the Plaintiff filed a criminal complaint against E in the event that E, etc. did not properly perform an investment contract, and the Defendants subsequently agreed to pay the said KRW 100,000,000 to the Plaintiff jointly and severally with E.

Therefore, the above assertion by the defendants is without merit.

3. If so, the plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition.