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(영문) 서울중앙지방법원 2017.12.20 2017가단59490
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from October 29, 2017 to the date of full payment.

Reasons

1. The following facts are acknowledged among the Plaintiff and the Defendant B by taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3 (including documentary evidence with a serial number), and between the Plaintiff and the Defendant C pursuant to Article 150(3) and Article 150(1) of the Civil Procedure Act.

A. On August 201, Defendant C, who uses the vice-chairperson of Company D (hereinafter “D”), deceivings the Plaintiff operating E Co., Ltd. to engage in the sales agency services for G rearrangement projects implemented by the Filwon of Yeongdeungpo-gu Seoul Metropolitan Government, and acquired KRW 8,000,000 from around that time to November 201 by deceiving the Plaintiff as the deposit money for sales agency contracts.

B. After the Plaintiff filed a criminal complaint against Defendant C, the Defendant C agreed on May 2, 2017 that the Plaintiff would return KRW 100,000,000 to the Plaintiff by May 22, 2017.

C. On the other hand, on June 7, 2017, Defendant B agreed that Defendant C would pay KRW 100,000,000 to the Plaintiff by June 28, 2017.

2. According to the above facts of determination, it is reasonable to view that Defendant B guaranteed Defendant C’s obligation to the Plaintiff.

Therefore, the Defendants are jointly obligated to pay to the Plaintiff KRW 100,000,000 as well as damages for delay calculated at the rate of 15% per annum from October 29, 2017 to the date of full payment, which is the last delivery of a copy of the instant complaint.

All of the plaintiff's claims are reasonable, and it is so decided as per Disposition.

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