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(영문) 인천지방법원 2020.05.19 2019가합57038
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 348,638,99, and the interest rate of KRW 12% per annum from July 6, 2019 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable law and Article 208(3)

2. Determination as to the claim against Defendant C

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 348,638,95 to Defendant B, and among which KRW 307,764,00 was remitted to Defendant C’s account under the name of Defendant C, Defendant C lent the above money to the Plaintiff with Defendant B, or that Defendant B knew of the fact that the Plaintiff borrowed money without any ability to repay, thereby committing a tort jointly with Defendant B, and thus, the Plaintiff is liable to pay the said money to the Plaintiff.

B. According to the reasoning of the judgment below, Gap evidence No. 1 (including each number), the plaintiff was deemed to have remitted the total amount of KRW 307,764,00 to the account under the name of the defendant C at the request of the defendant Eul from July 22, 2013 to February 2, 2015, but the above fact of recognition is recognized, but the plaintiff also lent the above money to the defendant C.

It is insufficient to recognize that Defendant C conspired with Defendant B, and there is no other evidence to acknowledge otherwise.

3. In conclusion, the plaintiff's claim against the defendant B is accepted as reasonable, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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