(영문) 서울남부지방법원 2015.02.10 2014가단209870

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(영문) 서울남부지방법원 2015.02.10 2014가단209870

대여금

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1. Defendant C shall pay 52,790,000 won to the Plaintiff and 20% per annum from June 11, 2014 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff’s claim for damages due to joint tort asserts that Defendant B and each Plaintiff are liable to compensate for the said money and damages incurred therefrom, in collusion with Defendant C, by deceiving the Plaintiff and deceiving the Plaintiff from the Plaintiff.

According to the statements in Gap evidence Nos. 1 through 6, it is insufficient to recognize that defendant Eul conspired with the defendant Eul for the purpose of deceiving the plaintiff, and then remitted money to the plaintiff, etc. after receiving money from the plaintiff, etc., and then again transferred money from the defendant Eul, and that defendant Eul agreed to repay the borrowed money. However, considering the statements in Eul evidence Nos. 1-1 through 3, Eul No. 4, 5, Eul No. 6-1, 2, and Eul No. 7, it is insufficient to recognize that the defendant Eul conspired with the defendant Eul for the purpose of deceiving the plaintiff, and there is no other evidence to prove otherwise, the plaintiff's assertion in this part is insufficient to accept.

B. The Plaintiff asserts that, since the Plaintiff was not paid KRW 5,2790,000 out of the amount loaned to Defendant B from October 1, 2013 to December 20, 2013, Defendant B is liable to pay the said loan and damages for delay.

According to the evidence Nos. 1 through 6, it is recognized that Defendant B received money from the Plaintiff and remitted money to Defendant C, and then received money from Defendant C and remitted money again to the Plaintiff. However, it is insufficient to recognize that the Plaintiff and Defendant B concluded a monetary loan agreement as alleged by the Plaintiff and the said money was paid as a loan under the said agreement, and the Plaintiff’s assertion on this part cannot be accepted.

2. Determination as to the claim against Defendant C

A. The Plaintiff, through Defendant B, lent money to Defendant C, but KRW 5,279,00,000.

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