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(영문) 서울동부지방법원 2018.10.12 2018가단1590
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff 150,000,000 won and the interest rate of 15% per annum from January 5, 2018 to the date of full payment.

Reasons

1. The fact that the Plaintiff, around May 2015, determined and lent KRW 150 million to the Defendants from the purchase fund set forth in Article 701 of the 7th floor of the building E in Changwon-si, the purchase fund set forth in subparagraph 701 of the 7th floor of the building E on one parcel, to the Defendants on December 30, 2015, does not conflict between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings set forth in subparagraphs A1 through 4.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the above loans of KRW 150 million and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 5, 2018 to the date of full payment, which is the day following the delivery date of the original copy of the payment order in this case to the plaintiff.

2. The Defendants’ assertion on the Defendants asserts that the Defendants set off the above loans as consolation money for physical and mental distress caused by confinement, assault, and assault committed by Defendant B from the Plaintiff and his family members, etc. from the Plaintiff.

However, it is not sufficient to recognize the existence of consolation money, which is the automatic claim of set-off by the Defendants, only with the descriptions of the evidence Nos. 1 to 4, and there is no other evidence to acknowledge it.

Therefore, the defendants' arguments cannot be accepted.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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