logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.20 2018가합52995
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff remitted a total of KRW 522,50,000 to the Defendant’s account six times as stated in the following table does not conflict between the parties.

Amounting to KRW 80,00,000 on November 23, 2015, KRW 200,000 on July 2015, 2015, KRW 200,000 on September 24, 2015, KRW 60,000 on November 17, 2015, KRW 60,000 on November 60, 2016, KRW 20,500 on November 20, 2016, KRW 522,50,000 on November 20, 200, KRW 000 on the aggregate of KRW 522,50,000 on November 20, 2016.

2. The parties' assertion

A. Plaintiff 1) The primary claim Plaintiff loaned KRW 522,50,000 to the Defendant six times from July 23, 2015 to January 11, 2016 (hereinafter “instant loan”).

(2) On March 28, 2016, the Defendant agreed to pay interest calculated at the rate of 22.6% per annum on the remaining loans to the Plaintiff on March 28, 2016. Therefore, the Defendant agreed to pay the Plaintiff interest calculated at the rate of 372.6% per annum on the remaining loans (i.e., KRW 520 million - KRW 150 million), and the interest thereon (i.e., KRW 522.5 million). However, the Plaintiff is obligated to pay the principal to the Defendant at the rate of 22.6% per annum per annum, which is the agreed rate of 22.6% per annum on the principal amount. (ii) On April 111, 2018, the Defendant agreed to pay the Plaintiff a loan of KRW 372.5 million and the interest thereon instead.

Therefore, according to the above agreement, the defendant is obligated to pay to the plaintiff KRW 372.5 million and interest thereon.

B. As to Defendant 1’s primary claim, the Plaintiff transferred KRW 522,50,000 to the Defendant’s account in order to lend money to the Defendant’s cohabiting South-North Korea. In other words, the Plaintiff lent money to C or did not lend money to the Defendant. 2) As to the conjunctive claim, the Defendant did not agree to “a loan that C bears to the Plaintiff, and the interest thereon, paid in lieu of the Plaintiff.”

3. Determination

A. There is no dispute over the fact that one party provided and received money with respect to the primary claim.

arrow