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(영문) 서울중앙지방법원 2018.02.09 2016가합21259
대여금 등
Text

1. The Plaintiff:

A. Defendant E shall be KRW 100,000,000 and the interest rate of KRW 15% per annum from April 15, 2017 to the date of full payment.

Reasons

1. Claim against Defendant E and F

A. From October 17, 2006 to November 14, 2008, the Plaintiff leased KRW 100,000,000 to Defendant E, and KRW 5,00,00,00 to Defendant F on April 30, 207.

Accordingly, Defendant E and F are obliged to pay each of the above loans and damages for delay.

(b) Defendant E: Articles 208(3)2, 150(3) and (1) (i) (ii) of the Civil Procedure Act; Defendant F: Article 208(3)3 of the Civil Procedure Act (iv)

2. Claim against Defendant B and D

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion was from August 16, 2006 to December 18, 2006, the Plaintiff lent KRW 200 million to Defendant B. The Plaintiff’s co-ownership of Defendant B (hereinafter “instant land”) out of the G land in Innju City from Defendant B on September 3, 2007.

(2) Defendant B was obligated to purchase KRW 40 million from January 22, 2007 to September 28, 2009, and paid KRW 40 million to Defendant B. Accordingly, Defendant B was obligated to acquire KRW 10 million, which is the difference, or make unjust enrichment. Therefore, Defendant B was obligated to pay the Plaintiff KRW 210 million (=amount of unjust enrichment of KRW 200 million) and delay damages. The Plaintiff lent KRW 108,000,00 to Defendant D from January 22, 2007 to September 28, 2009. Accordingly, Defendant D is obligated to pay the above borrowed money and its delay damages. Accordingly, Defendant B and D’s assertion that the Plaintiff remitted to Defendant B and D is not a loan to the said Plaintiff but a loan to the said Plaintiff to the Plaintiff.

At the time, H used the said Defendants’ account in the name of the said Defendants, who was an employee who was not able to open an account under his/her own name due to credit problems, even though it was practically operating I, J and K, etc. (hereinafter “L”).

When the Plaintiff remitted money to the said Defendants’ account, the said Defendants delivered it to H, and H.

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