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(영문) 울산지방법원 2020.06.23 2019가단128087

손해배상(기)

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, amounting to KRW 60,000,000 and each of the said amounts.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 20 million to Defendant B on December 31, 2012, and KRW 10 million on April 24, 2015.

B. On May 6, 2015, the Defendants, even though they did not have the intent or ability to actually repay to the Plaintiff, did not receive construction cost of KRW 172 million on the land located in C, and paid KRW 100 million after the completion of the loan if they leased KRW 70 million. In addition, in order to secure KRW 100 million, they did not know about the reduction of the sales contract in the name of the owner of the instant loan in order to secure KRW 100 million, and Defendant C, by deceiving the Plaintiff, “I would be exempted from lending money to the owner of the land who received the sales contract.” On May 12, 2015, Defendant C received KRW 70 million from the Plaintiff to the account in the name of Defendant B AF, and the judgment of the appellate court became final and conclusive by the Changwon District Court Decision 2016, supra.

C. The Defendants paid KRW 30 million out of the money stated in the foregoing Paragraph (b).

[Reasons for Recognition] Defendant B: Each entry (including serial number) in the evidence No. 1 to No. 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, Defendant B shall be liable to the Plaintiff; Defendant C shall be jointly with Defendant B for the payment of KRW 60 million ( KRW 40 million); Defendant C shall be jointly with Defendant B for the payment of KRW 40 million out of the above amount; and the Plaintiff shall be liable to pay KRW 20 million on May 12, 2015 (the above facts of recognition; B. tort No. 20 million borrowed by Defendant B; on the date of pleading without submitting a written response, Defendant B shall be deemed to have led to the confession of the Plaintiff’s assertion on the starting date of the payment of KRW 20 million due to Defendant B’s failure to attend at the date of pleading; until January 29, 2020; and until March 13, 2020; and each of them shall be 50 million per annum as prescribed by the Civil Act; and

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