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(영문) 의정부지방법원 2018.04.18 2016가합2816
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 500,000,000 and its KRW 200,000 among them, Defendant B shall be from July 15, 2014; and 300,000,000.

Reasons

1. Basic facts

A. The Plaintiff: (a) heard that the Defendants were to purchase and sell E apartment (17 households) during the construction at the time of the Nam-si, Nam-si; and (b) sought to make an investment in the sale of E apartment (17 households) from the Korea Forest Savings Bank (hereinafter “K Forest Savings Bank”); and (c) subsequently, he/she transferred KRW 200,000,000 to the KB Star Construction Account (KB National Bank 269137-04-03754) on July 14, 2014; and (d) on the same day, Defendant B drafted a promise to pay the Plaintiff KRW 200,000 to the Plaintiff with the said amount of KRW 20,000,000,000 on September 14, 2014; and (e) the interest rate of KRW 100,000,000,000 (hereinafter “instant promise”).

B. On August 18, 2014, the Plaintiff again remitted KRW 300,000,000 to Defendant B’s account (F of our bank). Defendant B transferred KRW 300,000,000 to Defendant C’s account immediately after the receipt of the remittance. Defendant B, on the same day, made and issued a written confirmation that the payment period for the said KRW 300,000,000 to the Plaintiff was fixed as KRW 150,000,000 with interest on December 18, 2014, the Plaintiff borrowed the said KRW 150,000 with the principal paid on the due date (hereinafter “instant Second Declaration”). Defendant C jointly and severally guaranteed the obligation to pay the borrowed amount under the said written confirmation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5 (including each number; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff lent KRW 500,000,000 to Defendant B on July 14, 2017, and KRW 300,000,000,000 on August 18, 2014, and Defendant C used KRW 200,000,000,000 on the loan as of July 14, 2017 to the Plaintiff. Defendant C used KRW 200,000,000 on the loan as of July 14, 2017, and jointly and severally guaranteed the Defendant B’s debt of KRW 300,00,00,00 on the loan as of August 18, 2014.

Therefore, the defendants are jointly and severally liable to pay 500,000,000 won and interest and damages for delay.

3...

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