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(영문) 서울북부지방법원 2019.06.13 2018가합23883
대여금
Text

1. The Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) respectively, and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2017, Plaintiff A and Defendant C came to know each other at a private school meeting, and lived with Defendant E from August 2017 to June 2018.

During the above period of living, Plaintiff A had no certain occupation, and Defendant C had been engaged in the bond business (number of days) at the order team.

B. Plaintiff B is Plaintiff A’s child and Defendant D is Defendant C’s child.

[Ground for recognition] Unsatisfy

2. Judgment on the plaintiffs' main claim

A. The gist of the Plaintiffs’ assertion 1) The Plaintiff’s claim 1) transferred the lending date of the loan claim No. 6,000,000 won from December 18, 2017 to the account transfer of KRW 3,000,000 on December 20, 2017 to the account transfer of KRW 3,000,000 on January 7, 2018; the Plaintiff’s transfer of KRW 3,000,00 to the account transfer of KRW 50,50,000 from May 2, 2018 to May 2, 2018; the Plaintiff’s cash transfer of KRW 2,50,000,000 from KRW 6,000,000 to KRW 30,000,000,000 from May 2, 2018; and the Plaintiff’s cash transfer of KRW 300,000,008,78.208.

Therefore, Defendant C is obligated to pay the Plaintiff A the above loan amount of KRW 3666 million and delay damages.

B) On June 1, 2018, Defendant C withdrawn all the money from the Plaintiff’s account used by Plaintiff A to transfer it to Defendant D’s account without transferring it to Defendant D’s account, and acquired it by transfer from Plaintiff B who believed that the personal identity of the Plaintiff would be dangerous. Therefore, Defendant C has the duty to pay the Plaintiff the amount of KRW 184 million with the compensation for the tort, and the compensation for the delay thereof. (ii) Defendant C for damages against the Defendants against the Defendants is obliged to pay the said amount of KRW 184 million with the compensation for the tort, and the compensation for the delay thereof. (iii) Defendant C sought Plaintiff B and Plaintiff B with Defendant D on June 4, 2018 with the Plaintiff.

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