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1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant C is dismissed.
2. Defendant B shall be KRW 210,000,000 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff lent a total of KRW 245,00,000 to Defendant B from August 2015 to September 2016, but received a total of KRW 35,000,000 from Defendant B until now.
B. On October 1, 2016, the Plaintiff received a loan certificate (Evidence 1) and a letter (Evidence 2) stating that the Plaintiff would return the remaining loan from Defendant B and his denied Defendant C.
C. In this regard, on October 17, 2017, Defendant B was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court’s Dong Branch branch branch on the ground that he acquired money equivalent to the above money from the Plaintiff.
(Dasan District Court's East Branch 2017Gohap82, 2017 already 428). The defendant B and the prosecutor filed both appeals against this, but the Busan High Court dismissed all appeals on January 18, 2018 (the Busan High Court Decision 2017No634) and the above judgment became final and conclusive around that time.
On the other hand, the defendant C applied for exemption and declaration of bankruptcy as Busan District Court No. 2017, 447 and 2017Hadan447, and was decided to grant exemption and to discontinue the bankruptcy on December 11, 2017, and the above decision became final and conclusive.
【Defendant B’s ground for recognition: The fact that there is no dispute, Gap’s evidence Nos. 1 through 4 (including evidence number; hereinafter the same shall apply), Eul’s evidence No. 1, and the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant B, Defendant B loaned a total of KRW 245,00,000 from August 10, 2015 to September 2016, but returned to the Plaintiff a total of KRW 35,00,000,00 at the present time. As Defendant B claimed after the due date for the remaining loans (= KRW 245,000,000 - KRW 35,000) and the remaining loans to the Plaintiff, as the Plaintiff seeks after the due date, 5% per annum as prescribed in the Civil Act from April 10, 2018 to April 18, 2018, and the next day from April 19, 2018 to the day on which the copy of the complaint in this case was delivered to Defendant B.