logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.07.09 2018가단135270
대여금
Text

1. The Defendant’s KRW 36,200,000 and KRW 35,00,000 among the Plaintiff, respectively, shall be from January 20, 2019 to July 9, 200.

Reasons

1. The Plaintiff, who did not dispute, lent KRW 35 million to the Defendant, the wife, without setting the due date for reimbursement, on May 22, 2013.

2. The parties' assertion

A. The Plaintiff and the Defendant set the interest on the loan as KRW 300,000 per month.

However, from April 2016 to July 2018, the Defendant only remitted interest of KRW 300,000 per month, and did not pay interest for 34 months from June 2013 to March 2016.

B. The amount of KRW 5 million on September 5, 2013 is Nonparty C’s marriage congratulations, the Plaintiff’s child, and the amount of KRW 1 million on October 14, 2015 is not paid, and the amount of KRW 1 million on December 17, 2015 is the medical expenses of Nonparty D, the Plaintiff’s wife, and the amount of the mid- and long-term Grandton car is not the name of repayment, but is only 1,0490,000 won.

Abstract, the Defendant approved the interest obligation accrued prior to the payment of interest from April 2016.

B. (1) There is no stipulation on the interest on the above loan.

Before September 5, 2013, KRW 5 million on September 5, 2015, KRW 1 million on October 14, 2015, KRW 1 million on December 17, 2015, KRW 30 million on the last day of December 2015, KRW 200,000, KRW 5 million on the instant lawsuit, and KRW 30,000,000 on the last day of December 21, 2015, KRW 5 million on the part of the Plaintiff’s obligation to pay interest accrued before November 21, 2015, which was three years prior to the instant lawsuit.

3. Determination

A. In light of the fact that: (a) the Plaintiff, as to whether to enter into an interest agreement, took out a loan from G Co., Ltd. as collateral of the E Apartment F and used some of them to repay the existing collateral security debt (the right to collateral security established by October 27, 2006 is cancelled on May 21, 2013); (b) the Defendant lent KRW 35 million among them to the Defendant; and (c) the Defendant remitted KRW 300,000 to the Plaintiff each month from April 1, 2016 (see evidence A), it is determined that there was a interest agreement between the Plaintiff and the Defendant on KRW 300,00 per month.

B. (i) On September 5, 2013, the Defendant paid KRW 5 million to Nonparty C’s marriage congratulatory (or cost) as the Plaintiff’s child on September 5, 2013; however, there is no dispute between the parties, but the said payment is a repayment for the loan of this case.

arrow