logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2019.08.22 2018가단6801
대여금
Text

1. Defendant B’s KRW 35,00,000 as well as 5% per annum from December 4, 2015 to December 21, 2018, respectively, to the Plaintiff.

Reasons

1. The Plaintiff’s claim against Defendant B on December 3, 2015: (a) lent KRW 40,000,000 (hereinafter “instant loan”) to Defendant B at interest rate of 5% per annum; and (b) Defendant B returned KRW 5,00,000 out of the said loan to the Plaintiff on September 8, 2017 does not conflict between the Plaintiff and the Defendant B.

Therefore, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 12% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 4, 2015 to December 21, 2018, the delivery date of a copy of the complaint in this case, which is 35,000,000 won (the above loan 40,000,000 won - the above repayment 5,000 won - the above repayment amount) and the interest or delay damages calculated by the rate of 12% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings from the following day to May 31, 2019.

2. The Plaintiff filed a claim against Defendant C, on the grounds that the instant loan was used in relation to the Defendant’s ordinary family life, and thus, Defendant C is jointly and severally responsible for returning the instant loan pursuant to Article 832 of the Civil Act. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant loan was used in the ordinary family life for the Defendant’s common life, and there is no other evidence to acknowledge otherwise.

Rather, when adding the purport of the entire argument to the statement in Eul evidence No. 1, Defendant B transferred the instant loan from the Plaintiff on December 3, 2015 to December 5, 2015, as the instant loan between December 3, 2015 and December 5, 2015, the instant loan was not used for ordinary household income.

arrow