logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2021.01.12 2020가단116457
청구이의
Text

1. The Defendant’s certificate of notary public C office against the Plaintiff is based on the instrument of process of monetary consumption lending and lending contract No. 8 of 2019.

Reasons

1. On March 29, 2019, C attorney-at-law prepared a fair deed of monetary consumption lending and lending contract (No. 8, 2019, hereinafter “Fair Deed”) with the Defendant, debtor, and joint and several guarantors D, the main contents of which are as follows:

Article 1 (Purpose) Creditor lent to the debtor on March 29, 2019 and the debtor borrowed it.

Article 2 (Period and Method of Repayment) In cases where a person liable for an obligation under Article 3 (Interest 24% per annum) of Article 3 (Interest 32 times in total) falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of the time limit for the obligation of the borrowed amount and immediately repay the remainder of the obligation, even without any other notification or peremptory notice from the person liable for the obligation, from April 2, 2019 to November 5, 2019:

3. When the obligor delays the payment of principal and interest on two occasions (based on recognition), Gap evidence No. 1;

2. The assertion and judgment

A. The Plaintiff’s assertion merely lent KRW 19,857,00 to the Plaintiff, but did not lend KRW 32,00,000 as stated in the instant fair deed.

Since April 2, 2019, the Plaintiff remitted KRW 16,88,600 from April 2, 2019 to December 19, 2019, and at the Defendant’s store, the Plaintiff used the above loan without receiving daily allowances from the Defendant and did not remain.

B. 1) The interpretation of the expression of intent in question clearly establishes the objective meaning that the parties gave to the act of indicating it. In the event that the parties to the contract have written in writing a disposition of any contract between them, it shall be interpreted reasonably by the content of the document, regardless of the party’s internal intent, as stated in the document, regardless of the content of the document. In this case, the objective meaning of the text shall be interpreted reasonably.

arrow