logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.30 2017가합26847
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 210,00,000 and the interest rate of KRW 15% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred KRW 300,000,000 to the Defendant’s account on October 5, 2009.

B. On December 30, 2013, the Plaintiff sent the content-certified mail demanding the Defendant to pay KRW 300,000,000 to the Plaintiff.

C. On January 24, 2014, the Defendant prepared and issued a written confirmation of the following (hereinafter “instant confirmation”) to the Plaintiff.

The defendant shall deposit KRW 200,000,000, which is part of the KRW 300,000,000 sent by the plaintiff as of October 5, 2009, to the National Bank account under the name of the plaintiff by the end of May 2014, and shall pay KRW 50,000,000 at intervals of five months, each of which shall be paid KRW 50,000,000 at intervals of five months until the end of the relevant month.

The remainder of KRW 100,000,000 shall be agreed and paid later.

On March 24, 2014 and April 3, 2014, the Plaintiff sent to the Defendant a content-certified mail to ask the Defendant whether to pay KRW 100,00,000,000, which was agreed to later at the time the instant confirmation document was written.

E. On July 24, 2017, the Plaintiff sent content-certified mail to the Defendant, who did not comply with the reimbursement agreement of KRW 200,000,000 according to the instant written confirmation, and the remainder of KRW 100,000 is not an answer to the payment method of KRW 100,000,000. Thus, the Plaintiff inevitably sent content-certified mail.

F. On August 7, 2017, the Defendant sent to the Plaintiff a content-certified mail to the effect that he/she would wish to repay the debt by transferring the ownership of Pyeongtaek-si building 4011.

G. Meanwhile, the Defendant repaid the Plaintiff totaling KRW 90,000,000 from May 30, 2014 to January 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. On October 5, 2009, the Plaintiff asserted that the Defendant lent KRW 300,000,000 to the Defendant, and claimed for the payment of KRW 210,000,000 in which the Defendant did not repay and the delay damages therefor. On this basis, the Defendant claimed the above KRW 300,000,000.

arrow