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(영문) 서울중앙지방법원 2015.01.21 2014가단5184307
대여금
Text

1. Defendant B’s 23,00,000 won and the interest rate of 20% per annum from September 4, 2014 to the date of full payment.

Reasons

1. Claim against the defendant B

A. On March 11, 2014, the Plaintiff lent KRW 23,00,000,000,000 to Defendant B, respectively, on April 18, 2014, and April 23, 2014, and KRW 23,000,000,000,000 to Defendant B. At the time, Defendant B said that he would pay the loan together with Defendant C, his own wife, and Defendant B would be able to pay the loan. (2) However, Defendant B did not pay the above loan up to the day, and acquired the above money by deceiving the Plaintiff as above at the time of the loan. As such, Defendant B is obligated to pay the Plaintiff the damages for tort or the damages for delay due to the return of the loan under the loan agreement.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Claim against Defendant C

A. The plaintiff asserts that the plaintiff is liable to return the above loan jointly with the defendant Eul, since he received the above loan from the plaintiff to the defendant Eul as the defendant Eul's passbook, and used it as the operating expenses of the real estate brokerage office operated by the defendant Eul together with the defendant Eul, and the plaintiff is not.

Even if the defendant C is employed by the defendant B and operated the real estate office, and aids and abets the above fraud of the defendant B, the defendant C is obligated to pay the above money as compensation for damages on the basis of the responsibility of the joint tortfeasor or the defendant B's employer.

As to this, Defendant C asserts that Defendant C arbitrarily used Defendant C’s passbook as an employee of the real estate brokerage office operated by Defendant C, not his spouse, and that he was fully aware of the details, circumstance, and location of the transfer of the said money received between the Plaintiff and the Defendant B.

B. The judgment is made by Defendant B using the agricultural bank passbook in Defendant C’s name.

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