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Reasons
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(영문) 인천지방법원부천지원 2019.07.12 2018가단117335
손해배상(기)
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1. The defendant,

A. On November 1, 2018, Plaintiff A, KRW 79,205,603, KRW 45,756,159, and each of the above amounts, to Plaintiff D.

Reasons

1. Facts of recognition;

A. The defendant, around April 2017, would provide the plaintiff A with KRW 12,00,000 per week by first lending KRW 12,20,000 to the plaintiff and then would pay KRW 1,20,000 per week.

4. The Plaintiff received KRW 12,000,000 from the Plaintiff and paid KRW 1,200,000 to the Plaintiff on the same day.

From May 9, 2017 to January 7, 2018, the Defendant borrowed KRW 9,100,000 in total from the said Plaintiff.

However, the defendant did not have the intent or ability to pay each loan from the above plaintiff at the time of payment.

B. Meanwhile, the Defendant agreed between the Plaintiffs and a third party to purchase a used vehicle from a third party and obtain a loan in relation thereto, and the Defendant was responsible within three months and agreed to take over a loan obligation and obtain a name transfer registration from the Plaintiffs, but the Defendant did not have the intent or ability to take over the above loan obligation from the Plaintiffs.

C. On April 28, 2017, the Defendant borrowed KRW 50,000,00 from E Co., Ltd. under the name of the Plaintiff A, and the same year as to the vehicles listed in paragraph (1) of the attached Table.

5.2. The registration of transfer of name was completed in the future of the above plaintiff, and the above plaintiff paid to the above company the total amount of 17,640,809 won of principal and interest arising from the above loan prior to the filing of the lawsuit in this case, and as a result, the total amount to be paid was 41,64,794 won in case of lump sum repayment as of September 3, 2018.

On January 16, 2018, the Defendant borrowed KRW 50,000,00 from F Co., Ltd. (hereinafter “F”) under the name of Plaintiff D, and paid KRW 3,000,000 to the said Plaintiff. On the same day, the registration for the transfer of name was completed on the vehicles listed in the attached Table No. 2 of the attached Table No. 2, and the said Plaintiff’s registration was completed on the same day.

8. 20. The above company paid 1,294,277 won as principal and interest of loans, and the same year.

9.7. Based on 7. The total amount to be paid shall be KRW 47,461,882.

E. On March 14, 2018, the Defendant borrowed KRW 50,000,000 from F in the name of the Plaintiff C and paid KRW 3,00,000 to the said Plaintiff.

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