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Reasons
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(영문) 인천지방법원 2018.11.01 2018가단14679
대여금
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1. The Plaintiff:

(a) Defendant B and C jointly KRW 17,671,233;

B. As to Defendant D’s KRW 25,328,767 and each of them.

Reasons

1. As to the cause of claim

A. Fact 1) On February 12, 2007, Defendant B prepared a loan loan certificate of KRW 80,000,000 to the Plaintiff with the interest rate of KRW 5% per month and due date of payment as of September 2007, and Defendant B, E, and F were prosecuted for fraud at Incheon District Court 2014Kadan406.

3) On November 2014, the Defendants drafted and arranged to the Plaintiff a letter of rejection of payment (hereinafter “instant letter of rejection of payment”) as follows. Criminal case number No. 2014Kadan406 (criminal agreement amount)

1. Defendant B borrowed KRW 80,000,000 as the loan certificate on February 12, 2007 to the Plaintiff, and Defendant B paid KRW 7,00,000,000 as the criminal agreement out of the above amount to the Plaintiff.

2. The defendant D shall pay 43,000,000 won until May 30, 2015, out of the balance of the above amount 73,000,000 won. If the payment is not made on the date of payment, the interest on the above amount shall be paid in two copies per month;

3. Defendant B and C shall pay KRW 30,000,000 by May 30, 2015. If the payment is not made on the date of payment, the interest on the said amount shall be paid in two copies per month.

[Reasons for Recognition] Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

B. The Defendants, who made the instant payment note, shall accordingly bear the liability.

Therefore, Defendant B and C are jointly and severally liable to pay the Plaintiff KRW 30,000,000, Defendant D’s KRW 43,000,000, and delay damages therefor.

2. As to the defendants' assertion

A. The Defendants’ assertion 1) The Defendants F paid KRW 30,000,000 to the Plaintiff and received a written application for penalty. The said money was appropriated to the principal. 2) The Plaintiff’s said money was not the principal but the interest.

B. Regarding the facts of recognition 1, Defendant B, E, and F, the Incheon District Court 2014 Godan406, Nov. 19, 2014, sentenced Defendant B to a fine of KRW 8,00,000, E, and F to a suspended sentence of two years for each of the following crimes:

Defendant B’s representative of Company G, E is a civil engineering businessman, F is a structural supervisor, and Defendant B is a Incheon.

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