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(영문) 서울북부지방법원 2020.09.04 2019가단16717
대여금
Text

Defendant B shall pay 35,00,000 won to the Plaintiff and 12% per annum from November 5, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 6, 2016, Defendant B did not own “D Scrap golf course” and, even if borrowed money from the Plaintiff, concluded that Defendant B did not have the intent or ability to repay the money, and the Plaintiff did not have the intent or capacity to repay the money, and the Plaintiff was owned by the “D Scrap golf course” located in E in e in terms of harmony, and that the agreement was concluded to sell and purchase at present, and that it would be immediately repaid upon the conclusion of this agreement.

B. The plaintiff is the above A.

On September 6, 2016, Defendant B lent KRW 35,000,000 in total, and KRW 24,000,000,00 on February 8, 2017, to Defendant B, who belonged to the false end of Defendant B, as described in paragraph (1).

C. Defendant B is the above.

paragraphs 1 and 2.

The facts constituting the crime of fraud, etc. as stated in the foregoing paragraph were prosecuted by Seoul Central District Court 2018 High Court 2067, and was sentenced by the above court on January 17, 2019 to be sentenced to the punishment for August 2019. Defendant B appealed as Seoul High Court 2019No268, but the appeal was dismissed on May 10, 2019, and the above judgment became final and conclusive on May 18, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Claim against the defendant B

A. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 35,00,000 and damages for delay calculated at the rate of 12% per annum from November 5, 2019 to the day of complete payment, as the Plaintiff seeks.

B. Defendant B: (a) repaid part of the borrowed money from the Plaintiff; and (b) Defendant B asserted that the Plaintiff would offset the amount equivalent to the amount of damages on the ground that the Plaintiff was employed by the same kind of company after withdrawal from the company operated by Defendant B, and thus, Defendant B did not have any evidence to acknowledge it. However, the above assertion by

3. The plaintiff filed a claim against the defendant C, and the defendant B is the joint living expense with the defendant C.

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