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1. Defendant B shall pay to the Plaintiff KRW 370,700,000 as well as 15% per annum from January 20, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant C and D are the births of Defendant B.
B. From July 25, 201 to March 25, 2014, the Plaintiff remitted KRW 442,500,000 to Defendant C’s account. From September 26, 2011 to March 20, 2014, the Plaintiff received KRW 116,30,000 from Defendant C during the period from September 26, 201 to March 20, 201.
C. On May 14, 2013, the Plaintiff remitted KRW 50,000,00 to Defendant D’s account.
The Plaintiff received respectively KRW 4,00,000,000 from Defendant B on April 29, 2014, and KRW 1,500,000 on June 27, 2014.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion that Defendant B lent money to Defendant C and D’s account while Defendant B’s dongs engage in the business of installing fish containers and studio business.
Defendant C and D knew the Plaintiff, and Defendant C and D are jointly and severally liable with Defendant B, on the ground that they were aware of the money transferred to their own account as above, in light of the fact that Defendant C and D were aware of the fact that they lent KRW 15 million to Defendant B based on the Plaintiff’s money in the auction procedure that they received a distribution by compulsory execution of Defendant B’s spouse’s property, and that Defendant D was transferred the ownership of 6 households of an urban-type residential house located in Boh City as the Plaintiff’s money.
Defendant B and C shall jointly and severally pay 320,700,000 won (442,50,000 won - 121,800,000 won deposited in the name of Defendant B) and Defendant B and D shall jointly and severally pay 50,000,000 won and damages for delay.
B. 1) According to the evidence No. 5 of the claim No. 5 against Defendant B, the Plaintiff complained of the charge that the Defendants acquired KRW 442,500,000 through 17 times from July 25, 201 to July 25, 201 (hereinafter “relevant criminal case”).
Defendant B, upon receiving the police investigation, acknowledged that he borrowed KRW 442,50,000 from the Plaintiff, and Defendant B borrowed the money deposited to Defendant D in consideration of the relationship with Defendant B.