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(영문) 수원지방법원안산지원 2014.02.13 2013가단26074

손해배상

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from July 27, 2013 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, and 4 through 6:

Since about 10 years ago, the plaintiff knew with the defendant and became aware of C with the defendant's introduction.

B. On December 10, 2012, the Plaintiff leased KRW 30,000,00 to C at an interest rate of KRW 2.5% per annum (30% per annum) and on December 10, 2013. At that time, C agreed to waive all of the lease deposit and the collection of the house for a sobrying period for a period of three months overdue interest.

C. Around December 26, 2012, the Plaintiff loaned KRW 20,000,000 to C at an interest rate of 2.5% per annum (30% per annum) and the due date of repayment on December 10, 2013. On February 26, 2013, the Plaintiff drafted a notarial deed in a monetary loan agreement for consumption as to KRW 50,000,000 in total of loans.

C was liable for the Defendant’s 40,000,000 loans.

On December 10, 2012, 200,000 won out of 30,000,000 won received from the Plaintiff as stated in paragraph (1) was paid to the Defendant and repaid the obligation for the borrowed money.

Before December 26, 2012, the Plaintiff paid KRW 5,000,000,000, out of the borrowed amount of KRW 20,000,000 received from the Plaintiff, as stated in the same paragraph, to the Defendant on February 26, 2013.

2. The Plaintiff alleged that he lent KRW 50,00,00 to C. At the time, the Defendant conspired with C with C while knowing that C had no intent or ability to repay the above loan, thereby deceiving the Plaintiff and allowing the Plaintiff to deliver the above loan to C.

Therefore, the Defendant is liable to pay the Plaintiff KRW 50,000,000 as damages and damages for delay.

3. In full view of each of the statements in Gap evidence Nos. 8, Eul evidence Nos. 4, and Eul evidence Nos. 6, the defendant extended money several times to Eul who had been known prior to several years and owned the loan claim Nos. 40,000,000 among the loan claims.