logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.04.11 2017나58938
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are fully borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The fact of recognition common to the principal lawsuit and counterclaim;

A. A. Around July 30, 2007, the Plaintiff paid C 40,000,000 won to the representative director of the Defendant as interest rate of 1% per month. As security, the Plaintiff completed the registration of the establishment of a neighboring building with the maximum debt amount of KRW 40,00,000,000 on the land and its ground under the former name of D, a punishment of C.

B. Around the end of December 2007, C was able to repay the Plaintiff the above KRW 40,000,000,000 to the Plaintiff. In lieu of repaying, C was able to use it as the Defendant’s operating fund, and the Plaintiff consented.

(C) On January 9, 2008, the Plaintiff deposited KRW 25,000,000 in the account under the name of the Defendant.

C. C requested the Plaintiff to lend the Defendant’s operating capital at the beginning of March 2008, and on March 4, 2008, the Plaintiff determined KRW 20,000,000 to the Defendant as the interest rate of KRW 1% per month (hereinafter “the instant loan”). D.

C paid 1% interest per month on the instant loans Nos. 1 and 2 to the Plaintiff. From May 2009, the Defendant paid 600,000 won interest amounting to 1% of each of the instant loans to the Plaintiff.

E. Upon C’s request on July 31, 2013, the Plaintiff additionally lent KRW 10,000,000 to the Defendant Company (hereinafter “instant loan”). However, the Plaintiff did not receive additional interest but received KRW 600,000 per month when all the instant loans were combined.

F. The Defendant paid KRW 600,000 to the Plaintiff by April 2016.

G. On January 6, 2017, the Defendant filed a lawsuit against C, claiming the return of KRW 25,000,000, out of KRW 40,000 borrowed from the Plaintiff, which the Defendant borrowed from the Plaintiff, to the Defendant, and the remainder of KRW 15,00,000,00, on the ground that the Defendant arbitrarily consumed the amount of KRW 15,000 (the Gwangju District Court 2017Da500513).

[Reasons for Recognition] Unsatisfy, Gap 2, 3.

arrow