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(영문) 서울북부지방법원 2019.07.16 2019가단106375
대여금
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally 40,000,000 won and the aforementioned amount shall be from October 1, 2016 to March 5, 2019.

Reasons

1. Indication of claim;

A. From around October 201, the Plaintiff was aware of Defendant B and C, the husband and wife, from around 2009. However, if the said Defendants leased KRW 50 million to the Plaintiff around October 201, they would make an investment in the medical device leasing business and offer KRW 1.2 million per month as a profit. Accordingly, on October 4, 201, the Plaintiff lent KRW 50 million to the said Defendants. The said Defendants paid interest only until September 30, 201, and paid KRW 50 million as principal on December 31, 201, and paid the remainder, respectively.

Therefore, Defendant B and C are obliged to pay the Plaintiff the remainder of KRW 40 million and interest thereon from October 1, 2016.

B. As to Defendant D, the Plaintiff lent KRW 10 million to Defendant D on August 30, 2012, and KRW 13 million to Defendant D on early 2013, respectively. The said Defendant promised to repay the said money within one year, and paid interest only until December 4, 2017, and did not pay the principal.

Therefore, Defendant D is obligated to pay to the Plaintiff KRW 23 million and damages for delay from December 5, 2017.

C. On August 2012, the Plaintiff refused to lend KRW 30 million to the Plaintiff from Defendant E, who was enrolled in the legal party run by Ngrgr, upon the request of the Plaintiff. However, on August 24, 2012, the Plaintiff lent KRW 30 million to Defendant E on August 24, 2012.

However, Defendant E is liable to pay to the Plaintiff KRW 30 million and damages for delay from August 13, 2013, since the principal is not paid at all by August 12, 2013.

2. A judgment deemed to be the basis of recognition (Article 208(3)2 and Article 150(3) of the Civil Procedure Act): The partial dismissal of the judgment shall be made in accordance with Article 2(2) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019).

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