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(영문) 서울중앙지방법원 2019.09.26 2017가단90958

대여금 등

Text

1. The Defendants jointly share the Plaintiff KRW 42,035,820 and KRW 40,000 among them, from April 19, 2017 to December 1, 2017.

Reasons

1. In full view of the descriptions of evidence Nos. 1 through 10 of the basic facts and witness E's testimony, facts constituting the ground for the application can be acknowledged, and contrary to the above, each statement of evidence Nos. 1 to 3 of the evidence Nos. 1 and 1 to 3 of the evidence No. 5 of the defendant

2. According to the above facts finding as to the cause of the claim, since the Defendants jointly committed an illegal act that makes the Plaintiff’s loan to Defendant C by pretending that there exists a false lease contract, the Defendants jointly have the obligation to pay jointly the Plaintiff the principal and interest of KRW 42,035,820 as well as KRW 40,00,000 as to the principal and interest of KRW 42,00,000 as well as the principal and interest of KRW 6.4% per annum from April 19, 2017 to December 1, 2017, and from the next day to May 31, 2019, 15% per annum, which is the former statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and from the next day to the date of full payment.

3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.