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(영문) 인천지방법원 2017.02.08 2016가단12822
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 20 million and the Defendants Company B with respect thereto from November 24, 2016, and Defendant C with respect to November 1, 2016.

Reasons

1. Basic facts

A. Defendant B, by deceiving the Plaintiff, obtained a total of KRW 250 million from January 30, 2016 to February 17, 2016, and obtained a total of KRW 250 million from the Plaintiff, thereby defrauding the Plaintiff.

B. On April 28, 2016, Defendant B agreed to pay KRW 200 million to the Plaintiff under the joint and several surety of Defendant C, the spouse, in consideration of the portion partially repaid out of the above deceptive money, and the amount of KRW 1670,000 per month from April 28, 2016 to March 28, 2026, and if the payment of the installment was delayed at once, he/she would naturally lose the benefit of the time (hereinafter “instant agreement”).

C. The Defendants did not pay the installment payment after the agreement of this case at all and lost the benefit of time.

[Ground for recognition] Defendant B: deemed confession (Article 150(3) and (1) of the Civil Procedure Act); Defendant C: The absence of dispute; the entries of evidence Nos. 2 and 3; and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 200 million and the damages for delay calculated at the rate of 15% per annum from November 24, 2016, the following day after the delivery of a copy of the claim of this case and the application for modification of cause thereof, and Defendant C is liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 30, 2016 to the day after the delivery of a copy of the claim of this case and the application for modification of cause thereof.

3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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