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(영문) 서울중앙지방법원 2016.10.14 2015가합20068
대여금반환
Text

1. The Plaintiff, Defendant G, as well as KRW 13,00,000 for the Plaintiff, and Defendant H as from January 19, 2016, and KRW 12,520,00 for the Defendant H as well.

Reasons

1. From September 6, 2011 to February 26, 2013, the Plaintiff wired total of KRW 329,859,540 to the accounts under the name of the remaining Defendants (other than Defendant B, 12 Defendants excluding Defendant B) andO, as shown in the attached Table 2 list, other than Defendant B.

(Calculation of the above money by dividing it by a remitter). [Based on recognition] Class A 1, 2, each entry (including each number), and the purport of the whole pleadings.

2. Summary of the claim of this case

A. The Plaintiff lent each of the money listed in the separate sheet No. 1 to the remaining Defendants and theO, and Defendant B jointly and severally guaranteed the remainder of the Defendants and the O’s obligation to return loans.

Therefore, Defendant B, the remaining Defendants, and theO are jointly and severally liable to pay to the Plaintiff each money listed in the attached Table 1.

B. The Plaintiff remitted total of KRW 329,859,540 to the remaining Defendants and the O’s account, thereby lending the amount equivalent to the above amount to Defendant B.

Therefore, Defendant B is obligated to return the above loan 329,859,540 won to the Plaintiff.

3. Judgment on the main claim

(a) Defendant;

6. G,

7. H:

8. I,

9. The plaintiff asserted that he lent KRW 13,00,00 to the defendant G, KRW 12,520,00, KRW 12,000 to the defendant H, and KRW 8,00,00 to the defendant J, and KRW 5,50,00 to the defendant J, respectively, and the above defendants are deemed to have led to confession under Article 150 of the Civil Procedure Act. Accordingly, the above defendants are deemed to have led to confession under Article 150 of the Civil Procedure Act. <1; Act No. 13, Jan. 19, 2016;

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