beta
(영문) 수원지방법원안양지원 2017.12.14 2017가단104246

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from May 28, 2017 to the date of full payment.

Reasons

1. The plaintiff is a person who operates the company D and the defendant B is a person who has operated the company E, and the defendant C is an employee of the company E.

D was engaged in goods transaction with E Company, but the Plaintiff lent KRW 130 million to Defendant B on October 29, 2015.

(hereinafter “instant loan”). After that, Defendant B, who did not repay the instant loan, Defendant D discontinued the supply of goods to E Co., Ltd.

Accordingly, around April 2016, Defendant C, who was his employee, requested the supply of goods by finding the Plaintiff. Defendant C also her 600 million won to the effect that the Plaintiff’s repayment of the Plaintiff’s loan would not be problematic if he received the inheritance of the KRW 600 million property.

The Plaintiff supplied goods to E Co., Ltd. at the aforementioned request by the Defendants, but Defendant B did not pay the instant loan or the amount of goods and did not contact from August 2016.

[Ground of recognition] Unsatisfy, Gap 1, 2, 4, and 5's statements, the purport of the whole pleadings

2. According to the above basic facts regarding the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 130 million for the instant loan and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 28, 2017 to the date of full payment after the duplicate of the instant complaint was served on Defendant B.

3. Determination as to the claim against Defendant C

A. Defendant B acquired the instant loan from the Plaintiff even though the Plaintiff did not have the intent and ability to repay, and Defendant C said that Defendant C would give the Plaintiff a minimum of KRW 130 million out of the total amount of KRW 130 million, thereby having the Plaintiff believe that he/she is fine even if he/she lent money to the Defendant B.

Therefore, Defendant C is the joint principal offender of Defendant B’s fraud against the Plaintiff.