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(영문) 서울서부지방법원 2017.04.25 2016가단212541
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,00,000 and 12% per annum from July 1, 2011 to April 29, 2016.

Reasons

1. Claim against the defendant B

A. The Plaintiff’s assertion is seeking a payment of KRW 31,00,000 for loans, which deducts KRW 4,000,000,000, from the Defendant’s new store acquisition funds while working at the mobile phone sales agency operated by the Defendants, and the remainder of the loans, 31,000,000, and damages for delay.

As to this, Defendant B did not know at all the above lending, which is a monetary transaction between the Plaintiff and Defendant C, and thus, it did not accept the Plaintiff’s claim.

B. The following facts or circumstances are acknowledged by the purport of the entire argument in the statement in Gap evidence Nos. 1 and 3, namely, the plaintiff set 35,00,000 won as the fund for acquiring a new store on November 19, 2010 to defendant C at an annual interest rate of 12%. At the time of the loan in this case, the defendants were operating a mobile phone sales agency registered under the name of the defendant B as the husband and wife. The defendant C used the loan in this case borrowed from the plaintiff as the fund for acquiring a new store; the store was also used as the name of the plaintiff; the company's business was also paid to the plaintiff who was a sales agency employee; the defendant B paid part of the loan in this case to the plaintiff; and the defendant B was deemed to have been paid to the plaintiff with a considerable amount of money in relation to the operation of the sales agency; and the defendant B was seen to have worked at the store and managed the business at the store; therefore, it is reasonable to deem the defendant B and the defendant C are jointly liable for the new loan sales agency.

Therefore, the Defendants are jointly and severally serving KRW 31,00,000 on the Plaintiff and the Plaintiff’s claim therefor from July 1, 201 to July 1, 2016.

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