logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.06.19 2018나318202
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts that the Plaintiff leased KRW 10 million to the Defendant on August 6, 2011, setting the due date as August 30, 2014, are either in dispute between the parties or in accordance with the statement of evidence A1.

2. The party's assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff a loan of KRW 10 million and damages for delay calculated at the rate of 15% per annum from January 11, 2018 to the day of complete payment, as requested by the plaintiff, which is the day following the delivery date of a copy of the complaint of this case, as the payment date.

B. The Defendant’s assertion 1) asserts that the loan of this case was repaid KRW 5 million by the year 2014 and KRW 3.4 million thereafter, and that the Plaintiff agreed to be paid interest at the time of lending the loan of this case, but did not enter in the loan certificate at the time of lending the loan of this case, and that the above amount repaid by the Defendant was appropriated for the repayment of interest. 2) According to the evidence No. 1, the Defendant asserted that all of the above amount repaid by the Defendant was appropriated for the repayment of interest. 2) According to the evidence No. 1, it can be acknowledged that the interest agreement was not entered in the loan certificate of this case.

However, according to the overall purport of evidence Nos. 2 and 1 through 29 and the entire purport of the pleadings, the Defendant paid to the Plaintiff a total of KRW 5,400,000 to KRW 300,000 before August 30, 201, including the payment of KRW 300,000 to the Plaintiff on November 2, 201, and the payment of KRW 200,000 to KRW 300,000,000,000, which is due, prior to August 30, 2014, and thereafter, repaid a total of KRW 3 million by the same method.

As above, the defendant paid in installments the amount exceeding half of the principal amount to KRW 200,000 or KRW 300,000,000. In light of such circumstances, it is reasonable to deem that there was an agreement with interest rate of 2% per month on the instant loan claims, as alleged by the plaintiff.

In the end, it is eventually.

arrow