(영문) 부산지방법원 2015.11.27 2015나42 | 리걸엔진

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(영문) 부산지방법원 2015.11.27 2015나42

계금

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1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Basic facts

A. On May 12, 2004, the Defendants subscribed to the Plaintiff’s 20 members of the fraternity (except for the Plaintiff’s share), 30,000,000, one unit of a bank account. The amount of payment is KRW 1,50,000 per month, and the amount is KRW 1,80,000 per month after the receipt of the fraternity.

B. On June 12, 2004, Defendant C received an amount of KRW 30,000,000 from the Plaintiff, which is an owner of the fraternity, and entered into a deed that borrowed KRW 30,000,000 from the Plaintiff in good faith, and Defendant C jointly and severally guaranteed Defendant C’s obligation to pay for the Plaintiff.

C. On November 12, 2004, Defendant B received KRW 28,200,000,000 from the Plaintiff, which was an owner of the fraternity, after deducting KRW 1,800,000,000, which was to be paid on the said date from the fraternity No. 7, and as above, written a deed that borrowed KRW 30,000,000 from the Plaintiff to the Plaintiff with the purport that the amount would be paid in good faith. Defendant C guaranteed Defendant B’s obligation to pay in good faith to the Plaintiff.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers), purport of the whole pleadings]

2. The parties' assertion

A. The defendant C received KRW 30 million from the plaintiff on June 12, 2004, from the plaintiff around 2, 2004. From October 12, 2005, the defendant C received KRW 28,200,000,000,000,000 from the plaintiff. From October 12, 2005, the defendant C received only 17 installments, and did not pay the remaining two-yearly installments. The defendant B received the fraternity No. 7 from the plaintiff on November 12, 2004 after deducting KRW 1.8 million,00,000,000,000,000,000 from the plaintiff on the above date. The subsequent fraternity was not paid at all.

3. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30 million payable in full and the damages for delay.

B. The Defendants shall guide the Plaintiff.

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