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(영문) 서울남부지방법원 2017.11.21 2017가단226784
대여금
Text

1. The Defendants jointly share KRW 47,838,00 with respect to the Plaintiff and the period from July 11, 2016 to June 29, 2017.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is operating a mutual company.

The Defendants jointly operated “E”.

Defendant C is registered as E business entity.

B. The Plaintiff received an investment proposal from Defendant B for the business of manufacturing rain and fireworks, and received an investment proposal from the Defendants to the Defendants on June 22, 2015, as well as KRW 24,000,000.

7. 23.20,000, a sum of 44,000,000 won was invested.

Of the above investment amounts, 30,050,000 won was used for the repayment of the obligation of E, and the remaining 13,950,000 won was used for the daily life of the Defendants’ husband and wife.

C. Separate from the foregoing investment, the Plaintiff did not receive KRW 3,838,000 for the processing cost while putting the machinery parts requested by the Defendants several times as of June 10, 2016 from the Defendants.

Defendant B shall pay KRW 24,00,000 on June 22, 2015 for the same year

8. The loan certificate (Evidence A No. 2) to the effect that repayment will be made until 22. The same year.

7. The loan certificate (Evidence A No. 3) for KRW 20,000,000 was prepared and delivered to the Plaintiff. Upon the Plaintiff’s request for the return of each of the above amounts, the Plaintiff’s total amount of KRW 44,00,000,000 on April 26, 2016 is the same year.

7. The Plaintiff prepared a loan certificate (No. 4) to the effect that repayment will be made by October, and deliver it to the Plaintiff.

E. The Defendants are jointly and severally liable to pay to the Plaintiff the sum total of KRW 44,00,000 and KRW 3,838,000 for processing costs, as well as damages for delay stated in the claims therefor.

2. The judgment of the defendant C is deemed to have led to the confession of the plaintiff's assertion under Article 150 (3) and (1) of the Civil Procedure Act.

In full view of the purport of the entire arguments in the evidence Nos. 1 through 6, the Plaintiff’s “D” is operating a mutual company and Defendant B operates “E”, the Plaintiff’s KRW 24,00,000 on June 22, 2015, and the same year.

7. The remittance of the total of KRW 44,000,000 on April 26, 2016 by Defendant B, and the total of KRW 44,00,000,000 on the Plaintiff on April 26, 2016 by the same year.

7. up to October.

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