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(영문) 대구지방법원 2018.06.22 2017가단6976
약정금등
Text

1. Defendant B’s KRW 35,00,000 as well as the Plaintiff’s annual rate from November 21, 2015 to July 11, 2017.

Reasons

1. The plaintiff's assertion

A. The Plaintiff completed construction upon receiving a request from Defendant B for the construction of the studio construction site in Busan Metropolitan City D, and the construction cost was not paid KRW 10 million out of the construction cost.

B. The Plaintiff’s wife E lent KRW 20 million to Defendant C’s bank account on November 18, 201, and the Plaintiff wired KRW 20 million to Defendant C’s bank account on November 18, 201.

C. After that, Defendant B prepared an agreement with Defendant C to pay the remainder of the construction cost of KRW 10 million and KRW 20 million borrowed by Defendant C together with KRW 30 million, and delivered it to the Plaintiff.

On November 20, 2015, the Plaintiff additionally lent KRW 5 million to Defendant B.

E. Therefore, Defendant B is obligated to pay the Plaintiff the above loan amount of KRW 35 million and delay damages therefor.

F. Defendant C is primarily obligated to pay KRW 20 million, which he borrowed, jointly and severally with Defendant C, and Defendant C did not borrow the above KRW 20 million in preliminary terms.

Even if Defendant C knowingly borrowed the above KRW 20 million from Defendant C’s bank account without the intent or ability to repay the above KRW 20 million, by inducing Defendant C to remit it to his own account, or by aiding and abetting the above 20 million fraud in collusion with Defendant B. Accordingly, Defendant C also is liable to repay the above KRW 20 million in collaboration with Defendant B.

2. Judgment on the plaintiff's assertion

A. As to the claim against Defendant B, Defendant B recognized the Plaintiff’s assertion, Defendant B is obligated to pay to the Plaintiff a total of KRW 35 million and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 21, 2015 to July 11, 2017, the delivery date of the copy of the instant complaint, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

B. As to the claim against Defendant C, evidence Nos. 1, 2, and 7 (including paper numbers).

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