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(영문) 인천지방법원 2020.10.15 2019가합52880
약정금
Text

1. Defendant D’s KRW 127,337,163, and Plaintiff B’s KRW 83,132,980, and Plaintiff C’s KRW 79,261,233 and each of the said money.

Reasons

Basic Facts

Defendant D, in the case of a person with a high credit rating, such as a public official, was able to lend a high amount of loans from a car capital company. From December 2016, Defendant D, through Defendant E, public official of the Korea Forest Service F, who was a public official of the Korea Forest Service and the person with a high credit rating, was introduced to lend his name and was willing to run a car rental business without registration, and Defendant E, knowing this, was to introduce military units and F B car charges to Defendant D.

As a result, Defendant D introduced public officials and persons with higher credit rating from around December 2016, and took responsibility for the payment of installments by Defendant D, borrowed his name from the car capital business entity to purchase the vehicle at a premium rate under the condition that a certain monthly income is distributed, and received it and operated a car rental business without registration.

However, Defendant D had no experience in operating rent-a-car business, there was no particular property or business fund, and there was no person who will or ability to pay the profit accrued from the business in lieu of the nominal lender, and even after the commencement of the business, there was a continuous accumulation of deficit, such as where no profit accrued at a time after December 2, 2016.

In addition, even though Defendant D did not have any intent or ability to repay the money due to the absence of the above funds, it made a false statement to the Plaintiffs that “on the loan of money, and that he will pay the money as soon as possible,” and also borrowed money from the Plaintiffs trusted.

Vehicles purchased in the name of the plaintiffs, and the money lent by the plaintiffs to defendant D are as follows.

Plaintiff

A The Plaintiff paid the installment of the vehicle A in his name at the end of June 2017, in the name of Defendant D, KRW 72,900,000.

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