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(영문) 서울중앙지방법원 2017.08.31 2016가단5303584

대여금

Text

1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and 5,000,000 per annum from January 19, 2012 to the date of full payment.

Reasons

1. The facts of recognition are as follows: (i) On April 7, 2004, Defendant B delivered KRW 10,000,000 to Defendant B with the Plaintiff on April 31, 2008, with the entire purport of the pleadings as to Gap evidence Nos. 1, 2, 3, and 4 of Gap evidence Nos. 1, 2, and Eul evidence No. 1, 3, and 4; and (ii) on October 31, 2008, Defendant B issued to Defendant B with the signature No. 246,000,000,000, and the amount of investment KRW 100,000,000,000, as part of the purchase fund of the business district housing association E, Defendant B is responsible for the Plaintiff if the housing association was erroneous. However, if the business is normally conducted without any defect, Defendant B’s 2,46,000,0000,000 of the loan No. 1,3637,006.

2. Determination

A. The Plaintiff asserts that “Defendant B acquired F real estate under the name of Defendant C in the course of demanding repayment due to Defendant B’s failure to repay KRW 100,000,000, and D demanded the establishment of a collateral security, and Defendant C made a loan certificate as of October 31, 2008, and thereafter, Defendant C became entitled to the instant loan certificate because the Defendants did not make a collateral security payment without making a collateral security payment.” According to the above facts of recognition, the Defendants are jointly obligated to pay to the Plaintiff the agreement and its equivalent delay damages calculated from January 19, 2012, which was the date the instant loan certificate was written.”

B. Determination of the Defendants’ assertion is made.