(영문) 전주지방법원 2015.10.22 2014가단36445

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.10.22 2014가단36445

대여금

Text

1. The Defendant’s KRW 28,742,80 for the Plaintiff and 5% per annum for the period from December 21, 2014 to October 22, 2015.

Reasons

1. The parties' assertion

A. From July 1, 2010 to July 11, 2012, the Plaintiff’s summary of the Plaintiff’s assertion remitted KRW 30,292,80 to the Defendant as shown in the attached Table. Of these, KRW 7.2 million was paid by the Plaintiff by joining a periodical installment payment together with the Defendant, and the Defendant is obligated to return the amount of the loan or unlawful gains by using it, and the remainder 23,092,80 won was borrowed from the Plaintiff to purchase the tea, and the Defendant is obligated to return the said loan to the Plaintiff.

B. The gist of the Defendant’s assertion is that the Defendant borrowed KRW 7.2 million from the Plaintiff and sold the tea purchased by the Plaintiff under the name of the Defendant and received KRW 8.95 million. The Defendant’s refund to the Plaintiff is merely KRW 1,6150,000,000 in total, including the above borrowed money and KRW 7.2 million, and KRW 8.955,000 in total.

Therefore, the part on which the Plaintiff seeks in excess of the above money does not have the obligation to pay to the Plaintiff.

2. Determination

A. Comprehensively taking account of the overall purport of the statement and pleading in the evidence No. 7.2 million won, the Plaintiff and the Defendant paid 14,400,000 won each of 7.2 million won each by paying 7.2 million won each. However, around February 21, 2012, the Defendant can acknowledge the fact that the above installment savings was terminated and the Defendant arbitrarily used 14,400,000 won each of the above installment savings. The Defendant claims that the Plaintiff borrowed 7,20,000 won from the Plaintiff from the Plaintiff, and that the Plaintiff borrowed 7,200,000 won each of the above money did not specify interest and the due date, it is reasonable to deem that the Defendant borrowed 7,20,000 won from the Plaintiff on February 21, 2012 without specifying interest and the due date. Therefore, the Defendant is obligated to pay the above loan No. 72 million won and the delay damages to the Plaintiff.

(b) 23,092,800 won sclocks, Gap evidence 1, 2, 3, and 5.

유사 판례

-수원지방법원 2014.09.19 2013가합13330

-춘천지방법원 2016.11.24 2016가단4573

-수원지방법원안산지원 2016.04.07 2015가단111112

-광주지방법원 2015.09.18 2014가단56312

-서울중앙지방법원 2015.11.18 2015가합515948