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(영문) 부산지방법원동부지원 2014.07.17 2013가합2176

대여금 등

Text

1. The Defendants shall jointly and severally serve as KRW 250,000,000 on the Plaintiff and as a result, from February 2, 2013 to May 23, 2014.

Reasons

1. Facts of recognition;

A. On August 1, 2012, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded that “Defendant B borrowed KRW 250 million from the Plaintiff” on August 1, 2012, “the loan certificate as of August 1, 2012.”

(B) On August 2, 2012, Defendant C, D, and F signed and sealed the loan certificate as of August 1, 2012. (2) On August 2, 2012, the Plaintiff: (a) determined and lent KRW 250 million to Defendant B as of January 31, 2013; and (b) monthly interest rate of KRW 1% (2.5 million per month).

2. The parties' assertion

A. The Plaintiff’s primary claim 1) on August 2, 2012, the Plaintiff leased KRW 250 million to Defendant B on the due date for payment on January 31, 2013 and the interest rate of KRW 1% ( KRW 2.5 million per month). Defendant C, D, and E jointly and severally guaranteed Defendant B’s loan obligations, and the Plaintiff was paid interest until February 1, 2013. Accordingly, the Defendants jointly and severally are liable to pay the Plaintiff the interest or delay damages on the loan amount of KRW 250 million and the interest or delay damages from February 2, 2013.2) If Defendant C, D, and E’s joint and several liability on the loan obligation of Defendant B is not recognized, the Plaintiff is held liable for damages for the tort against Defendant C, D, and E.

In other words, since Defendant C, D, and E committed a tort as follows, the said Defendants jointly and severally are liable to pay to the Plaintiff KRW 250 million with compensation for damages arising from the tort as well as damages for delay from February 2, 2013.

㈎ 피고 C은 G의 H으로부터 해삼을 수입판매하여 수익을 남길 의사나 능력이 없었음에도 원고에게 위와 같은 해삼 수입판매 사업에 자금이 필요하다고 말하여 기망하였고, 원고는 이에 속아 피고 B에게 2억 5,000만 원을 대여하였다.

㈏ 원고가 피고 B에게 2억 5,000만 원을 대여할 당시 피고 D은 피고 B을 위하여 일하고 있었고, 피고 D은...