logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.02 2018가단201471
대여금
Text

1. As to the Plaintiff KRW 123,00,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 20,00,000 from November 2, 2016.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff extended money from around 2013 to the defendant several times on October 28, 2016, and the loan certificate stating the repayment plan for the debt amount from the defendant to the time (hereinafter "the loan certificate of this case") was prepared. The repayment plan stated in the loan certificate of this case can be acknowledged as follows:

On the other hand, on October 28, 2016, the Plaintiff was paid KRW 10 million out of the above loans from the Defendant.

Therefore, with respect to the Plaintiff’s balance of KRW 123 million and KRW 10 million, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20 million from November 2, 2016, which is the day following the due date for repayment, KRW 20 million from December 1, 2016, which is the day following the due date for repayment, KRW 10 million from December 6, 2016, and KRW 83 million from May 1, 2017, which is the day following the due date for repayment, from May 1, 2017 to the day on which the copy of each complaint of this case is served to the Defendant, and KRW 5% per annum from the day following the day when the copy of each complaint of this case is served to the Defendant until January 29, 2018, and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the due date for repayment.

(1) The Plaintiff filed a claim for damages for delay from October 29, 2016, which is the day following the completion of the loan certificate with respect to KRW 123 million, but the Defendant’s claim for damages for delay from October 29, 2016, as stated in the loan certificate of this case, does not result in delay of payment. Therefore, the Defendant’s claim for damages for delay from October 29, 2016 is without merit.

arrow