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(영문) 창원지방법원 2019.04.12 2018가단117114

손해배상(기)

Text

1. The Defendant’s KRW 73,424,762 and KRW 31,90,00 of the above money to the Plaintiff shall be from November 18, 2010 to KRW 19,50.

Reasons

1. Basic facts

A. On November 14, 2010, the Plaintiff was promised to repay the interest and principal from a lending company in the name of the Plaintiff to the Defendant’s account designated by the Defendant. The Plaintiff loaned KRW 54,500,000 from a lending company to the lending company and deducted KRW 3,100,000,000 among the lending companies, and the sum of KRW 31,90,000,000, including KRW 28,000,000 on November 17, 2018. The Plaintiff sent KRW 19,50,000 to the Defendant’s account on July 7, 201, and lent KRW 54,50,000 to the Defendant’s account with the Defendant’s account on July 7, 2011. As a result, the interest accrued to the lending company by the Plaintiff is KRW 26,50,500,000,000 to the Defendant.

B. On October 30, 2012, the Plaintiff lent KRW 1,000,000 to the Defendant.

C. From January 10, 201 to March 31, 2018, the Defendant repaid KRW 8,267,650 to the Plaintiff.

The defendant does not have any intention or ability to pay the money but belongs to the plaintiff.

On November 29, 2017, the Changwon District Court rendered a conviction of fraud on the ground that it borrowed money, and the judgment became final and conclusive.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. According to the above-mentioned facts, if the defendant lends money to the lending company without any intention or ability to repay the money, he shall pay the principal and interest to the lender, and he shall pay the plaintiff 1.

A. As such, the Defendant is obligated to compensate the Plaintiff for damages, and the Defendant is obligated to return the loan amounting to KRW 1,000,000.

Therefore, the defendant is liable to compensate the plaintiff for damages and loans of KRW 73,424,762 (a total of KRW 54,50,000 interest of KRW 26,192,412,00 in total of the first principal and interest of loan of KRW 1,267,650 in total - repayment of KRW 8,267,650 in total) and about the above KRW 31,90,00 in total as of November 18, 201 as of the date of tort; the above KRW 19,50,00 in total, KRW 22,024,762 in total as of July 7, 201 as of the date of tort; and KRW 3,100,000 in loan interest and repayment of KRW 762 in advance paid by the plaintiff to the lending enterprise; and a loan of KRW 1.1.