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(영문) 수원지방법원 2018.03.13 2016가단511210
대여금
Text

1. Defendant B’s KRW 130,000,000 as well as 5% per annum from December 25, 2015 to May 2, 2016 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition (1) around December 2014, Defendant B: (a) sold the house that he had lived and purchased a new house; (b) did not sell the house, and thus, (c) sold the house that he had lived for two or three months; and (d) if he borrowed the money that he had used as the remainder, he would be repaid within three to four months; and (d) he would have paid 1% interest for 80 million won until he/she paid the outstanding amount; and (e) on the part of the Plaintiff, he/she acquired from the Plaintiff KRW 130 million on December 29, 2014.

(2) On October 31, 2017, Defendant B was found guilty of the above facts constituting the crime and was sentenced to one year and four months of imprisonment (U.S. District Court 2016Kadan8250), and the above judgment became final and conclusive on January 31, 2018.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 130,000,000 won and damages for delay at the rate of 5% per annum from December 25, 2015 to May 2, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the date of full payment.

2. Determination as to the claim against Defendant C

A. (1) Defendant C, jointly with Defendant B, made a false statement with the Plaintiff as described in the above 1-A(1) and acquired by deceiving KRW 130 million from the Plaintiff. As such, Defendant C is jointly and severally liable with Defendant B to pay the Plaintiff KRW 130 million and damages for delay.

(2) (A) Comprehensively taking account of the evidence adopted earlier and the entire purport of the pleadings as to the order to submit financial transaction information in this court’s response by the Suwon Agricultural Cooperative, the Plaintiff was deceiving Defendant B on December 19, 2014, and KRW 130 million to Defendant B’s agricultural bank account.

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