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(영문) 창원지방법원 2017.01.26 2016가합50627

대여금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Judgment as to the main claim

A. The Plaintiffs asserted that they paid money to the deceased G (hereinafter “the deceased”) and Defendant D as indicated below, which is obtained by deception by the deceased and Defendant D that the Plaintiffs would guarantee a higher interest (5% per annum and 60% per annum) than the financial institution if they were leased to the deceased and Defendant D or if they were to lend business funds.

Therefore, Defendant D and the deceased (the deceased died on December 15, 2015)’s heir, Defendant E and F, jointly, have a duty to jointly return the following money or to pay the following money as compensation for tort.

(S) (Selective Claim) Plaintiff A paid KRW 30,00,000 on April 13, 2015 to Defendant D’s account, and KRW 106,807,200 on April 14, 2015 to Defendant F’s account; KRW 24,003,60 on April 15, 2015; KRW 18,002,700 on April 16, 2015; KRW 300,90 on April 24, 2015; KRW 106,807,200 on September 24, 2015; and accordingly, Plaintiff D and Defendant E&35,500 on September 24, 2015.

Defendant D and Defendant F (the shares in inheritance are 2/5, hereinafter the same shall apply) jointly, KRW 90,000,000, and

(2) From September 25, 2015, Plaintiff B is jointly liable to pay interest or delay interest of 25% per annum as from September 25, 2015 to 60,000,000,000,000,000,000. 10,000,000,000,000. 14 August 22, 2014; 10,00,000,00,000,000,00. 6. 10,00,00,00,000,000; 10,00,000,000,000,000,0000,000,000,000,000,000,000,000,005,000,000,000

Therefore, Defendant D and Defendant E jointly share 160,800,000 won and Defendant D.

참조조문