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(영문) 서울중앙지방법원 2020.07.10 2019가단5220208

대여금

Text

1. Defendant B, C, D, G, and H are jointly and severally liable to the Plaintiff for KRW 120,000,000 and the same on April 2, 2020.

Reasons

1. Claim against Defendant B, C, D, G, and H

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Regarding Defendant D: A confession (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act), Defendant B (hereinafter “Defendant B”), C, G, and H: Service by publication (Article 208(3)3 of the Civil Procedure Act)

C. Defendant B, C, D, G, and H are jointly and severally liable to pay to the Plaintiff 120,000,000 won and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 2, 2020 to the date of full payment.

2. Claim against Defendant E and F

A. The Plaintiff alleged that the Plaintiff lent KRW 120 million to Defendant B, and Defendant E Co., Ltd. (hereinafter “Defendant E”) and F provided explanation of the project projects of the Uzbekistan State to the investors of Defendant B, thereby making the investors recruited. The Defendants primarily received KRW 6.5 billion from Defendant B, and thus, the Defendants were obligated to return it to the Plaintiff as unjust enrichment. In addition, the Defendants, in collaboration with Defendant B, by deceiving the Plaintiff and deceiving the loan, are liable for tort against the Plaintiff.

B. According to the statement in Gap evidence No. 1, although the plaintiff was found to have purchased encryption from December 14, 2018 to January 23, 2019 from January 23, 2019, there is no evidence to acknowledge that the defendant E and F agreed to jointly assume the above contractual responsibilities against the plaintiff, and even if the defendant E and F received investment money from the defendant Eul, it is difficult to view that the defendant E and F acquired profits without any legal cause. The plaintiff's above assertion is without merit.

In addition, each statement of Gap evidence Nos. 1 through 4, and 9 shall be made by defendant D.