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(영문) 의정부지방법원 2017.07.20 2016가단39323
편취금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,00,000 and the interest rate from February 8, 2017 to the day of full payment.

Reasons

1. According to the evidence evidence Nos. 1 through 3, the Plaintiff: (a) transferred the sum of KRW 48 million to Defendant B through the Plaintiff’s account from January 16, 2015 to January 19, 2015; and (b) Defendant B filed a complaint with an investigative agency against Defendant B in fraud; (c) Defendant B decided to repay the sum of KRW 48,000,000 between the Plaintiff and the Plaintiff on April 6, 2015; (d) repaid KRW 10,000,000 on the same day; and (e) repaid the remainder of KRW 38,00,000 until December 31, 2015; and (e) Defendant C issued a promissory note to the Plaintiff to secure the payment obligations under the instant agreement; (e) the payment obligations of KRW 38,00,000,0000 on the same day; and (e) Defendant C were recognized as having issued the promissory note to the Plaintiff.

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 38,000,000 won remaining after deducting 10,000,000 won paid to the plaintiff from 48,000 won and 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 February 8, 2017 to the date of full payment as requested by the plaintiff after the due date.

Therefore, the plaintiff's assertion is justified.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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