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(영문) 서울중앙지방법원 2017.11.30 2017나30049
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Upon Defendant B’s request, the Plaintiff lent the following money among the Defendant B’s teaching system:

(1) On March 20, 2015, KRW 3,864,00 (Transfer to a bank account in the name of D) (2) March 30, 2015: or

3. 31. Total sum of 1,000,000 won (transfer to a bank account in the name of E).

B. The Plaintiff transferred KRW 10,000,000 to the bank account in the name of D on March 26, 2015, because it is necessary for Defendant C’s father’s father’s wife D, who is the owner of Defendant B, to make a marriage, and Defendant C used the said money as the pre-pre-determined cost of D.

C. Defendant B had a record of being convicted of fraud; the Plaintiff filed a complaint against the Defendants as fraud; Defendant C was subject to a decision on October 10, 2016 that there was no suspicion (defluence of evidence); Defendant B received a transfer of KRW 10,000,000 from the Plaintiff as the prefluence cost, and Defendant B received each remittance of KRW 1,000,000 under the name of the investment money in SK Securities.” Defendant B was sentenced to a conviction of KRW 3,00,000 (Seoul Central District Court 2015,4633) on November 3, 2016. The above judgment was finalized on July 19, 2017 through the appellate court (Seoul Central District Court 2016No4760) and the final appeal (Supreme Court 2017Do719) and the final appeal on July 19, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 8 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant B is obligated to jointly pay KRW 10,00,000 borrowed money and KRW 10,000,000 that he borrowed from the plaintiff at the expense of prejudice, or by deceiving the plaintiff, and that the defendant C is merely the money borrowed from the plaintiff and the defendant C is not liable for the repayment because it does not have borrowed money from the plaintiff.

B. (1) According to the above facts of determination as to the claim against Defendant B, Defendant B calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 19, 2016 to the day of full payment, following the delivery of a copy of the instant complaint, which is the day following the delivery of the copy of the instant complaint.

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