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1. The Defendants jointly and severally committed against the Plaintiff with respect to KRW 30 million and the Defendant B from January 1, 2014.
Reasons
1. Facts of recognition;
A. Nonparty D lent KRW 30 million to Defendant B on March 201, 201, but Defendant B did not complete payment.
B. On March 30, 2013, Defendant D and the Defendants: (a) repaid to D the amount of KRW 30 million under the preceding paragraph by December 31, 2013; and (b) Defendant C drafted a statement of payment in lieu of Defendant B’s failure to pay KRW 30 million.
C. Around January 2015, the Plaintiff agreed to acquire a loan claim of KRW 30 million against Defendant B of D and D, and D notified the Defendants of the assignment of the claim around that time.
[Reasons for Recognition] The descriptions of Gap 1, 2, 3, and 4 and the purport of the whole pleadings
2. Determination
A. According to the above facts in light of the judgment as to the cause of the claim, the Plaintiff acquired the loan claims against the Defendants of D.
As such, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million and damages for delay calculated from January 1, 2014, which is the day after the due date for payment.
B. The Defendants’ common defenses, which were common to the Defendants as to the defense, are to operate an illegal entertainment room with Defendant B on March 201, 201, and that a loan of KRW 30 million out of operating funds to Defendant B constitutes illegal consideration. As such, even if Defendant B promised to return the objection on March 30, 2013, it cannot be claimed as illegal consideration because the nature of illegal consideration is not changed.
Therefore, the plaintiff who is the assignee can not seek the return.
The testimony of the witness D, and according to the result of the Defendant B’s personal identification, all of the loans made by D used for the operation of the entertainment room by Defendant B. The fact that Defendant B operated and was punished by using a game machine that was not classified as a rating around 2011. However, even though the fact that D was punished by using a game machine that was not classified as a rating around 201, the above facts alone leased KRW 30 million to Defendant B as the operating fund of the illegal entertainment room.
or D is an illegal entertainment room with Defendant B.