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(영문) 서울북부지방법원 2014.12.10 2013가합21707
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 57,700,000 won and 5% per annum from June 5, 2013 to December 10, 2014.

Reasons

1. The Plaintiff asserts that, in the event that the Defendants conspired to lend money to the Plaintiff, the Defendants are liable to pay the above damages amounting to KRW 100 million and its delay damages to the Plaintiff, by deceiving the Plaintiff to sell real estate located in Chungcheongbuk-gu, which was scheduled to be developed as a golf course, and allowing the Plaintiff to deliver KRW 100 million to the Defendants. Thus, the Defendants, each joint tortfeasor, are liable to pay the said damages amount to the Plaintiff.

The plaintiff lent a total of KRW 100 million to the defendants from December 2, 2006 to October 2007 as follows. However, the above facts alone do not constitute fraud of the plaintiff by deceiving the plaintiff as above and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

2. Determination as to loan claims

A. A. 10 million won portion was jointly operated by the Defendants in the name of the Plaintiff’s wife. If the Defendants leased KRW 100 million to the Plaintiff around October 2006, they agreed to bear their interest and pay the above loan. D borrowed KRW 100 million from the Bank on November 30, 2006. The Plaintiff was jointly and severally liable to pay the Defendants KRW 20 million around March 2007, KRW 30 million; KRW 20 million around May 2007; KRW 20 million to the Plaintiff on May 30, 2007; KRW 30 million to the Plaintiff on October 30, 2007; KRW 200,000; KRW 300,000 to the Plaintiff on October 30, 2007; KRW 200,0000; KRW 300,0000 to the Plaintiff on November 30, 2007; and there was no dispute between the Defendants’ respective parties’ respective arguments.

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