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(영문) 수원지방법원 2020.06.04 2019가단17184
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,100,00 and the Defendant 1 and the Defendant 2 from January 1, 2013.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1-1 through 6, if the deceased B (hereinafter “the deceased”) and C (hereinafter “Defendant C”) who is the subject of the lawsuit of the deceased lend their investment funds to the Plaintiff, the deceased would have interest at an amount of 8-13% in three months, and would have paid their investment principal after three months, and the Plaintiff would have been able to pay their investment principal at an amount of 45 million won around August 17, 2009, KRW 43.5 million around September 4, 2009, KRW 27.6 billion in total, and KRW 99 million in total, the Defendant could not be found to have received the above principal and 9.9 billion in total from the deceased’s capital and 19.6 billion in total, and the Defendant could not be found to have received the above investment principal and 16.9 billion won in the above case’s capital and 19.6 billion won in the appellate court, even if the Defendant D was aware of October 25, 20111.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 116.1 million and the damages for delay calculated at the rate of 12% per annum under the Civil Act from January 1, 2013 to October 13, 2019; Defendant C, from November 28, 2019, to November 28, 2019; and Defendant D, from the next day to the day of full payment, to the day of full payment.

2. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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