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(영문) 수원지방법원안산지원 2016.09.07 2015가단100365
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 4,500,000, and Defendant B with respect thereto from January 24, 2015; and Defendant C with respect to the said amount.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants amounting to KRW 9.5 million

A. (1) Determination as to the cause of the claim (1) Defendant C borrowed KRW 9.5 million from the Plaintiff on September 23, 2011, and the fact that Defendant C guaranteed the obligation by Defendant B is not in dispute between the parties or in full view of the purport of the entire pleadings, and there is no counter-proof.

(2) According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the above loan amount of KRW 9.5 million from the day following the day on which the duplicate of the complaint of this case was served to the defendants, as requested by the plaintiff.

B. (1) The judgment of set-off amounting to KRW 5 million on the company transfer deposit (1) was concluded between the Plaintiff and Defendant B, and Defendant B concluded a contract with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) which entered into a partnership agreement between the Plaintiff and Defendant B to transfer to Nonparty E, and Defendant B did not pay KRW 5 million to Defendant B out of the company transfer deposit amount of KRW 10 million received by the Plaintiff due to the fact that the Plaintiff had the representative, which he received from Nonparty E, which was set off against the amount on an equal basis with the above loan claim.

(2) Therefore, as alleged by Defendant B, the Plaintiff entered into a partnership agreement with Defendant B, and established a non-party company. On July 16, 2014, the Plaintiff, upon entering into a contract to transfer the non-party company to E with KRW 100 million, received 5 million out of the down payment solely from E. According to the above partnership agreement, the Plaintiff is liable to pay the down payment to Defendant B according to the above partnership agreement. The fact that the Plaintiff did not pay the down payment to Defendant B is recognized as either a dispute between the parties, or as a whole, taking account of the purport of the entire pleadings in the evidence No. 2 and No. 3, and there is no counter-proof, barring any special circumstance, set off the above five million won claim against the above loan claim against the non-party company at an equal amount.

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