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(영문) 서울중앙지방법원 2016.03.22 2015가단5063643
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from July 15, 2014 to May 7, 2015.

Reasons

1. On May 8, 2014, the Plaintiff transferred KRW 40,000,000 to the Defendant’s Bank account and the Nonghyup Bank account, and the above amount of KRW 70,000,000,000 in total, and accordingly, the Defendant B prepared and delivered a loan agreement for consumption of attached money including an agreement from the Plaintiff to repay the above amount by July 14, 2014; Defendant C received KRW 70,000,000 from the Defendant B under the name of the Plaintiff’s mother D and Defendant B’s investment loan; Defendant C also did not provide the Plaintiff with the above amount of KRW 70,00,000 after deducting the above amount of KRW 30,00,000 from the above amount to the Defendant B until May 29, 2014, and there was no dispute between the parties to the lawsuit and the entire evidence Nos. 30,000,000 through evidence No. 13016, Feb. 16, 2014

On the other hand, the Plaintiff already paid KRW 35,000,000 among the above KRW 70,000,000 from the Defendants = the same year as KRW 23,00,000 on May 30, 2014.

7. 28.2,00,000 won for the same year.

8. 1. 5,00,000 won for the same year.

9. 1,00,000 won for October 1, 199.1,00,000 won for the same year is the person who received it. 3,000,000 won for the same year.

According to the above, barring any other circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 35,000,000 among the above KRW 70,000 and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from July 15, 2014 to May 7, 2015, the duplicate of the complaint of this case was delivered to all Defendants, and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.

2. As to the judgment on Defendant B’s defense, Defendant B’s 30,000,000 won, and D’s 40,000,000 won, following the Plaintiff’s solicitation of investment made by Plaintiff’s mother D at the time.

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