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청주지방법원 2017.05.12 2016가단107257
대여금
Text

1. The Defendants shall jointly and severally pay KRW 8,00,000 and the interest rate of KRW 15% per annum from March 19, 2016 to the date of full payment.

Reasons

1. The Plaintiff is jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date following the delivery of the original copy of the instant payment order to the extent that the Plaintiff lent the amount of KRW 5 million to the Defendants on February 22, 2009, and on April 9, 2009, the amount of KRW 3 million under the criminal agreement amount of KRW 3 million to Defendant B on April 1, 2009 is not disputed between the parties or the entire purport of the pleadings. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of KRW 8 million per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 19, 2016 to the date of full payment.

2. Determination on the remaining claim for return of KRW 33,398,750

A. The Plaintiff’s assertion that Defendant B would have made a sale of ginseng bomb using fire saw sawba, and the Plaintiff would be able to pay a large amount of profit. As from February 3, 2009, the Plaintiff lent KRW 33,398,750 to the Defendants for office rent, purchase cost, etc., and around July 22, 2009, transferred all shares of Defendant C (hereinafter “instant company”) established for the sales business of the said ginseng bomba (hereinafter “instant company”). Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 33,398,750 and delay damages therefrom.

B. According to the records in Gap evidence No. 3, the plaintiff can look at the plaintiff's investment in the company of this case according to the end of defendant B.

However, only that fact, the Plaintiff lent the said KRW 33,398,750 to the Defendants.

It is insufficient to recognize that the Defendants agreed to pay the above KRW 33,398,750 in return for the Plaintiff’s transfer of the entire shares of the instant company, and there is no other evidence to acknowledge otherwise.

The plaintiff's assertion on this part is without merit.

3. Thus, the plaintiff's claim against the defendants is justified within the scope of the above recognition.

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