logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.20 2020가합17415
손해배상(기)
Text

The defendant shall pay to the plaintiff 251,637,864 won and the rate of 12% per annum from June 28, 2020 to the day of complete payment.

Reasons

Description of Claim

The defendant (tentative name: C) who acquired money from the primary claimant is a bad credit and cannot obtain a loan in his name because he does not have any other property or income, and he did not have any intention or ability to complete the loan even after borrowing money from the plaintiff.

However, the Defendant, on July 2017, made a false statement to the Plaintiff as if the Plaintiff was the representative of the company operating construction machinery of a significant scale of the past. “When the Plaintiff purchased construction machinery with the loan, the Defendant operated the construction machinery and paid the Plaintiff’s loan within a prompt time with its profits, and distributed business profits to the Plaintiff.

“The Court rendered a ruling.”

Accordingly, on August 7, 2017, the Plaintiff purchased construction machinery (D concrete mixed trucks) with the Defendant on October 30, 2017. On October 30, 2017, the Plaintiff purchased construction machinery (Edump trucks) with the Defendant’s joint name (9% of the Plaintiff’s ownership, and 1% of the Defendant’s ownership), and ordered the Defendant to operate the said construction machinery.

Although the Defendant did not have any intent or ability to repay money even after borrowing money from the Plaintiff, the Defendant not only borrowed money from the Plaintiff on several occasions as funds necessary for the construction machinery operation business continuously, but also on October 2018, the Plaintiff is obliged to fully pay the construction machinery loans and bent vehicle installments to the Plaintiff when the construction machinery operation business is operated.

In doing so, the Plaintiff borrowed money several times from the Plaintiff for the purpose of operating the main store, etc. with the purpose of financing funds necessary for the operation of the main store, and acquired the money by borrowing the total of KRW 160,263,687 as indicated below.

On October 23, 2017, the amount to be paid in the method of payment of the date is the father of F in the monthly class F of the driver of construction machinery.

around October 8, 2018, the transfer to the nominal account is 77,000,000,000 from October 31, 2018 to its own account as a check.

arrow