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(영문) 의정부지방법원 2015.11.13 2014가합4535
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 85,00,000 won and the period from November 6, 2014 to November 13, 2015.

Reasons

1. Basic facts

A. The plaintiff is the father of defendant C, and the defendants are the couple in a legal marital relationship.

From November 2013, Defendant B operated a trading company with the trade name “D” to the present date, and Defendant C, a photographer, was in charge of photographing the said trading company.

B. On July 19, 2014, Defendant B filed a lawsuit claiming divorce and consolation money (Li Government District Court 2014Dhap2813) on the ground that the marriage relationship against Defendant C is not recoverable.

On September 25, 2014, Defendant C filed a counterclaim against Defendant B, claiming divorce and consolation money, etc. (Korean Government District Court 2014Dhap3236), and is currently pending a divorce lawsuit.

[Ground of recognition] Facts without dispute, entry Eul's evidence Nos. 4 and 5, significant facts in this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the request of the Defendants, the Plaintiff lent KRW 160,000,000 to the Defendants twice.

B. From around 2006, the Defendants started to operate the F Pidio in Gangnam-gu Seoul E with the above funds, and arranged the above Pidio around July 2009.

In addition, around May 2010, the Defendants paid the aforementioned funds as security deposit for the right to take photographs in Gwa Holdings, and received the full return of the said security deposit around September 2013.

Nevertheless, the Defendants paid only KRW 45,000,000 to the Plaintiff until now.

C. In addition, around 2003, the Defendants paid KRW 30,000,000 out of the above funds as a security deposit for the right to photographs in the Hench page, and on May 1, 2009, arbitrarily used the said deposit even when it was returned to the full amount.

Therefore, the defendants also borrow 160,000,000 won from the plaintiff or jointly and severally liable in accordance with the legal principles of daily home sales agency, so the defendants are jointly and severally liable to pay the remainder of 115,000,000 won (=160,000,000 - 45,000,000 won) and damages for delay.

3. Determination

(a)the cause of the claim;

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