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(영문) 서울북부지방법원 2014.12.19 2014가단39487
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 60,000,00 and Defendant C with respect thereto from October 16, 2014, and Defendant D with respect thereto.

Reasons

1. The plaintiffs' claims were made with the defendants to withdraw and use KRW 60 million, which the plaintiffs deposited in the agricultural cooperative bank account in the name of the plaintiff B. However, the defendants agreed to return the amount of KRW 60 million to the above bank account. Unlike the agreement, the defendants did not refund the above KRW 60 million. Thus, they seek payment of the amount stated in the claims.

2. Grounds for recognition of the plaintiffs' claims against defendant C and E: Each non-litigation judgment (Article 208 (3) 1 of the Civil Procedure Act)

3. Determination as to the plaintiffs' claim against defendant D

A. We examine the judgment as to the cause of the claim, and if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 and 2, the plaintiffs shall have the defendants withdraw and use KRW 60 million which the plaintiffs deposited in the Agricultural Cooperatives Deposit Account (F) in the name of the plaintiff B, and the defendants agree to return KRW 60 million to the above deposit account again until March 30, 2013. Accordingly, it is recognized that the defendants have withdrawn and used KRW 60 million deposited in the plaintiff's deposit account in the plaintiff's name and have not returned it. Accordingly, the defendant D is jointly and severally and severally with the defendant C and E and as requested by the plaintiff, they shall pay damages for delay at the rate of 20 million per annum from October 18, 2014 to the day following the delivery date of the complaint in this case to the plaintiff's deposit account.

B. As to the determination of Defendant D’s assertion, Defendant D asserted that the Plaintiffs agreed to waive the above claim amounting to KRW 60 million if the Plaintiffs were to receive monthly salary of KRW 1.3 million for two years from the Plaintiff’s work as an employee in G G Co., Ltd operated by the Defendants on the part of the Defendants, but the agreement between the Plaintiffs and the Defendants is made.

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