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Reasons
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(영문) 서울중앙지방법원 2017.05.30 2016가단135519
사취금반환청구
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1. The Plaintiff:

A. Defendant B’s KRW 29,500,000 as well as 5% per annum from December 8, 2016 to May 30, 2017.

Reasons

1. Facts recognized;

A. On April 9, 2010, the Plaintiff paid Defendant B the amount of KRW 7,00,000, and the amount of KRW 3,000,000 on November 17, 2010 to the members of the association, which decided that the Plaintiff shall work at the D Regional Housing Association. Defendant B agreed to return KRW 10,000,000 in the event that the Plaintiff is disqualified for membership due to the absence of business approval.

Defendant C guaranteed the repayment obligation.

B. On April 13, 2012, the Plaintiff decided to lend KRW 10,000,000 to Defendant B, and deposited KRW 10,000,000 on the same day to Defendant B’s head of Tong.

C. On May 31, 2012, the Plaintiff agreed to lend KRW 10,000,000 to Defendant B as the expense for performing the duties of the said regional housing association, and paid KRW 4,000,000 to Defendant B as well as KRW 6,00,00 to Defendant B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B is above the Plaintiff.

amounting to KRW 29,500,000, less than KRW 500,000,000 for a person who was paid as a result of the return of the loan under this subsection, Defendant C shall be liable to pay the amount of KRW 9,500,000 among them, and damages for delay calculated from the day following the date of service of the copy of the

(1) The Plaintiff, based on the premise of the liability for damages arising from the tort, sought respectively damages for delay from May 31, 2012 to Defendant C from November 17, 2011, but there is no proof as to the tort, and there is no proof as to the guarantee agreement of Defendant C as stated in the evidence No. 1. The Plaintiff entered into a lease agreement with the lessee as to the office of the said regional housing association and paid KRW 10,000,000 to the lessor as the lease deposit. The Plaintiff was fully deducted from the deposit due to Defendant B’s failure to pay the monthly rent while operating the said office.

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