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(영문) 서울북부지방법원 2017.09.21 2015가단28132
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are South Korea, and the defendant C is between the former husband of the plaintiff A and the latter husband of the plaintiff, and the defendant D is the former husband of the defendant C, and the father of the defendant C.

B. Defendant C and D operated G points in Dongdaemun-gu Seoul Metropolitan Government F.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiffs asserted that Defendant C would pay interest at KRW 2% per month on the loan of money to Defendant C so that it can secure more customers by expanding the store sales with very stable G store sales and by providing services and services. Accordingly, the Defendants lent KRW 49.2 million to the Defendants, Plaintiff A, and Plaintiff B to KRW 100 million, respectively, and the Defendants thereafter repaid KRW 12.67 million to Plaintiff A on January 30, 2015, and KRW 50 million on February 1, 2015 to the Plaintiff through the account in the name of Defendant D, respectively.

Upon examining the specific details of loans, Plaintiff A lent KRW 49,920,000 to Defendant D’s account on April 12, 201, KRW 10 million, KRW 30 million to Defendant E’s account on May 30, 2011, and KRW 9,20,000 to Defendant D’s account on May 23, 2012. Plaintiff B received loans from Defendant E and remitted KRW 99,312,950 to Defendant E’s account on May 31, 2011. The loan insurance policy remains after deducting KRW 687,050,050 from the loan amount, and each of the loans was remitted to Defendant D and E’s account on May 23, 2012.

Meanwhile, the Defendants paid interest to the Plaintiffs on six occasions, such as remitting KRW 443,342 on September 30, 201 and December 5, 2011 through Defendant D’s account, but did not pay the remainder of interest.

Therefore, the Defendants are jointly and severally liable to pay the balance of loans to Plaintiff A (i.e., KRW 49.2 million - KRW 12.67 million - KRW 12.6 million), the balance of loans to Plaintiff B (i.e., KRW 100 million - KRW 50 million) and damages for delay on each of the above amounts.

B. The Defendants’ assertion (1) is asserted by Defendant C.

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