2016 grouped 135519

A

1. B

2. C

May 16, 2017

May 30, 2017

1. The Plaintiff:

(a) Defendant B shall pay 29,50,000 won and the interest thereon at a rate of 5% per annum from December 8, 2016 to May 30, 2017, and 15% per annum from the next day to the date of full payment;

B. Defendant C shall pay 9,500,000 won out of 29,50,000 won under the above A and 5% per annum from November 24, 2016 to May 30, 2017, and 15% per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims against the defendants are all dismissed.

3. Of the costs of lawsuit, 1/4 of the portion arising between the Plaintiff and the Defendant B shall be borne by the Plaintiff, the remainder by the Plaintiff, and the part arising between the Plaintiff and the Defendant C, respectively.

4. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts recognized;

A. Around April 9, 2010, the Plaintiff paid KRW 7,000,000, and November 17, 2010 to Defendant B, who is liable to work at the D Regional Housing Association, as a member’s membership fee, and Defendant B agreed to return KRW 10,000,000 in the event that the Plaintiff is disqualified as a member due to not granting business approval. Defendant C guaranteed the repayment obligation.

B. On April 13, 2012, the Plaintiff decided to lend KRW 10,000,000 to Defendant B, and deposited KRW 10,000,000 on the same day to Defendant B’s head of Tong.

C. On May 31, 2012, the Plaintiff agreed to lend KRW 10,000,000 to Defendant B as a group of expenses for performing the duties of the said regional housing association, and paid KRW 4,000,000 to Defendant B as well as KRW 6,00,000 to Defendant B.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

According to the above facts of recognition, Defendant B is obligated to pay 29,50,000 won after subtracting 50,000 won from the Plaintiff’s person who was paid due to the return of the loan under subparagraph A above, Defendant C is obligated to pay damages for delay calculated from the day following the delivery date of the copy of the complaint of this case among them, and from the day of the delivery date of the copy of the complaint of this case (the commission is liable for damages for delay against Defendant B from May 31, 2012, and from November 17, 2011 to Defendant C on the premise that it is liable for damages for tort, but there is no proof as to tort as to each of the damages for delay against Defendant C from November 17, 2011, and there is no joint statement in the guarantee agreement of Defendant C as stated in the evidence of subparagraph 1).

The plaintiff entered into a lease agreement with the tenant as to the office of the above regional housing association, and the plaintiff paid 10,000,000 won as the lease deposit to the landlord. The defendant Eul did not pay the monthly rent. Since the defendant Eul is responsible for the above office, the plaintiff is liable for damages of 10,00,000 won. However, this part of the plaintiff's assertion is without any proof. The plaintiff's assertion is without merit. The plaintiff's delivery of money belongs to the plaintiff as a result of deceiving the plaintiff in relation to the above regional housing association's business. Thus, the plaintiff's assertion that the defendant is liable for damages caused by fraud, but there is no ground to believe that there is no evidence to acknowledge it.

3. Conclusion

Therefore, Defendant B is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from the date following the delivery date of the copy of the complaint of this case to the date of May 30, 2017, which is deemed reasonable to dispute over the existence and scope of the obligation, and 9,500,000 won from the date following the delivery date of the copy of the complaint of this case, to the date of the decision of this case, and 15% per annum under the Act on Special Cases Concerning Expedition etc. of Legal Proceedings from the next day to the date of complete payment. Defendant C is obligated to pay damages for delay calculated at the rate of 9,50,000 won from the next day of the delivery date of the copy of the complaint of this case to November 24, 2016, to the date of the delivery of the copy of the complaint of this case, and all of the remaining claims of the Defendants are dismissed within the limit of 15% per annum per annum per annum per annum per annum.

Judges Choi Yong-ho