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(영문) 인천지방법원 2016.01.19 2015가단16025
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 2,168,00 and the interest thereon from April 2, 2015 to the day of complete payment.

Reasons

1. Judgment on deemed confessions as to Defendant B (Article 208 (3) 2 of the Civil Procedure Act)

2. Comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 through 4 (including virtual numbers) against Defendant C, Defendant B, while selling livestock products with the trade name of “D, received total of KRW 60,000,000 from the Plaintiff as investment money, and ② the Defendants, E, and F, in relation to the said money, prepared an agreement with the Plaintiff on March 27, 2014 that the Plaintiff would pay KRW 72,00,000 to the Plaintiff within 14 days in four installments, and issued an agreement that the Plaintiff would pay the said amount within 14 days from April 17, 2014 to May 1, 2014.

According to the above facts, Defendant C, jointly and severally with Defendant B, is jointly and severally liable to pay to the Plaintiff 2,168,00 won (=72 million won - 50,320,000 won) payable under the agreement made on March 27, 2014 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 2, 2015 to the date of full payment as requested by the Plaintiff after the due date.

3. Therefore, we decide to accept the plaintiff's claim as per Disposition.

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