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(영문) 서울중앙지방법원 2017.02.03 2016가합4339

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 510,000,000 and the interest rate thereon from April 2, 2016 to the date of full payment.

Reasons

Basic Facts

On March 5, 2015, the Plaintiff transferred KRW 700,000,00 (hereinafter “instant money”) to the account of Defendant C, the representative of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

On March 6, 2015, Defendant Company paid KRW 190,000,00 to the Plaintiff by transferring the money to the Plaintiff’s bank account.

On or before December 4, 2015, the Plaintiff sent to the Defendant Company (referring to Defendant C) a certificate of content to the effect that “The Defendant Company transferred KRW 700,000,000 to the personal account designated by the Defendant Company on March 5, 2015, out of which KRW 190,000 was repaid by the Defendant Company, and the remainder of KRW 510,000,000 has not been repaid until now, and thus, the Plaintiff requested the return of the said money.”

[Ground] The defendants asserted by the plaintiff as to the plaintiff's assertion as to the plaintiff's ground of appeal as to the facts without dispute, Gap's evidence Nos. 1 and 2, and the ground of appeal as to the whole of the pleadings jointly borrowed the money of this case from the plaintiff. Thus, the defendants are jointly and severally liable to pay to the plaintiff the remaining 5,10,000,000 won after deducting the amount already paid from the money of this case from the plaintiff.

The Defendants’ assertion is a corporation substantially identical to D Co., Ltd. (hereinafter “D”), and the Plaintiff acquired D’s obligation to pay the service cost of KRW 750 million according to the contract for attracting investment funds under the contract for attracting investment funds to Defendant C, and the obligation to return the loan worth of KRW 210 million.

However, since D did not pay only some of the above service charges and loans to Defendant C, the Plaintiff remitted KRW 700 million to Defendant C to settle the unpaid amount, and thereafter, the Defendants did not borrow the instant amount from the Plaintiff, as it did not borrow the instant amount from the Plaintiff.

The money of this case.