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(영문) 수원지방법원 2017.08.22 2016가단543774
대여금
Text

1. The Defendants jointly share KRW 38,000,000 to the Plaintiff and Defendant B with respect thereto from December 29, 2016, and Defendant C.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) Defendant B, while operating the website of the name “D”, recommended the Plaintiff to make an investment in the company that was punished for multi-level fraud, with the knowledge of fraud. 2) The Plaintiff, upon the commission of the Defendants, invested KRW 38 million in the Plaintiff. The Defendants received the payment of KRW 38 million from the Plaintiff, and the Plaintiff prepared receipts with the following contents.

Japanese gold: It seems that it appears that it is a clerical error in the Samcheon-gu, Samcheon0 million won.

(2) On May 11, 2015, the following amounts are received on the receipt of the above amounts, provided that the parties agreed to pay the amounts when they received no principal and agreed to automatically reduce the amounts received. [Grounds for recognition] There is no dispute, entry in Gap evidence Nos. 1-3, and the purport of the whole pleadings.

B. According to the above facts of determination, Defendant B is obligated to pay damages for delay calculated at the rate of 15% per annum from December 29, 2016 to the date of delivery of the copy of the complaint to Defendant B as the date of the Plaintiff’s claim for performance with respect to the amount of KRW 38 million agreed to repay to the Plaintiff jointly with Defendant C, which is calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of delivery

2. Determination as to the claim against Defendant C

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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