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(영문) 수원지방법원안양지원 2015.08.13 2014가합103461

손해배상

Text

1. Defendant D’s KRW 300,000,000 to Plaintiff A, and KRW 100,000 to Plaintiff B, and each of the said money from September 17, 2014.

Reasons

1. Basic facts

A. The Plaintiff A lent the total of KRW 600 million to Defendant D, KRW 5 million on October 2006, KRW 5 million on December 22, 2006, KRW 50 million on December 27, 2006, KRW 5 million on January 18, 2007, KRW 50 million on January 18, 2007, and KRW 40 million on February 12, 2008 without setting the due date.

B. Plaintiff B loaned Defendant D the amount of KRW 17.1 billion on January 17, 2008, KRW 25 million on January 24, 2008, KRW 3 million on March 25, 2008, KRW 13.72 million on December 17, 2008, KRW 19.6 million on February 3, 2009, KRW 20 million on March 15, 2010, KRW 5 million on May 4, 2010, KRW 5 million on the same day, and KRW 2.6.32 million on August 13, 2010, without setting the due date.

【Ground of Recognition】 The plaintiffs and defendant C: the purport of the whole entries and arguments as to Gap evidence Nos. 1 through 5, 10, 12, and 13, and the fact that there is no dispute between the plaintiffs and defendant D:

2. Determination as to the claim against Defendant C

A. The gist of the plaintiffs' assertion is that Defendant C, who was engaged in credit business jointly with Defendant D, who is a birth partner, actively recommended to lend money to the plaintiff B, who had maintained a friendship for a period of several hundred and twenty years with the same workplace, stating that “When Defendant D lends money to Defendant D by operating the real estate auction site, it would give interest on the second part of the month, and return the principal at any time, the principal would be returned. When Defendant D is erroneous, it would be liable for the payment.”

Plaintiff

Since the plaintiff A, who is his husband with B and his husband, has trusted the end of the defendant C and lent money to the defendant D, the defendant C is jointly and severally liable with the defendant D to repay each loan to the plaintiffs pursuant to Article 57 of the Commercial Act.

B. According to the written evidence Nos. 4 and 14, response results, and the overall purport of the pleadings against the Korean Bank Co., Ltd. of this Court, ① Defendant C transfers total of KRW 717,595,200 to Defendant D during the period from January 4, 200 to October 20, 201, and received total of KRW 820,196,000 from Defendant D; ② Defendant C is the auditor of E Co., Ltd., in which Defendant D was employed as Defendant D director.

참조조문