(영문) 서울남부지방법원 2016.04.22 2015가단51337

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(영문) 서울남부지방법원 2016.04.22 2015가단51337

손해배상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the Republic of Korea residing in Japan, and the defendant is the business title of "C", and D was the defendant's husband.

B. On November 9, 2010, the Plaintiff received a certificate of loan stating that “the debtor shall pay 50 million won to the defendant and the joint guarantor D, but shall pay interest of 600,000 won per month,” after remitting 50,000 won to the account under the name of the defendant (hereinafter “the first loan”).

C. On May 24, 2011, the Plaintiff paid KRW 10 million to the original amount purchased in the name of “C” and remitted KRW 20 million to the account held in the name of the Defendant (hereinafter collectively referred to as “the second loan”), and then received a certificate of borrowing that “the obligor shall pay KRW 30 million to the Defendant and the joint guarantor by December 10, 201, and pay interest of KRW 400,000,000 per month.”

On November 7, 2013, the defendant was declared bankrupt and decided to grant immunity (Seoul Central District Court 2013, 2360, 2013Hadan2360, 2013Hadan2360).

E. On June 12, 2015, the Plaintiff filed a complaint against D as a crime of fraud, and D was sentenced to imprisonment with labor for ten months for a crime that acquired a total of KRW 80 million from the Plaintiff each of the instant loans (the Defendant was sentenced to imprisonment with labor for a total of KRW 10 million). On the other hand, D paid KRW 33 million to the Plaintiff as an agreed amount around May 28, 2015.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 4, 6, 8, 9, 13, 14 (including paper numbers), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The plaintiff asserts to the following purport.

At the time of each of the loans of this case, the Defendant has already borne the obligation of KRW 100 million without changing the profits of “C” at the time of each of the loans of this case.

Nevertheless, the defendant deceivings the plaintiff to pay each of the loans and interest of this case, and its affiliation is from the plaintiff.

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