logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.01.18 2018나3277
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 40,000,000 as well as to the plaintiff on December 2017.

Reasons

1. Facts of recognition;

A. On October 2002, the Defendant issued to the Plaintiff a loan certificate (Evidence A 2,00,000 won per day, the creditor, the debtor, the defendant, the joint and several surety D (the defendant's spouse), October 1, 2002, the repayment date, December 30, 2002, and December 30, 2002, and the interest amount shall be deposited into the plaintiff's Eassociation account at the end of each month, and the defendant shall lose the payment period, and the overdue interest rate shall be 2.5% per month, and the defendant shall lose the payment period, and the overdue interest rate shall be 2.5% per month (Evidence A 2) to the Plaintiff around December 2002, the Plaintiff shall be 200 won per day, the creditor, the debtor, the debtor, the defendant, the joint and several surety, the repayment date, and the repayment date shall be 1.5% per month, and the interest rate of the Plaintiff's deposit shall be 30% per month and 5% per month.

(2) The loan certificate of this case is “each of the loan certificates of this case,” and each of the above loan certificates is “each of the loan certificates of this case.” (b)

On July 31, 2017, the Defendant respectively borrowed KRW 20 million from the Plaintiff on October 1, 2002, and KRW 20 million on December 30, 2002. However, the Defendant failed to repay due to any such circumstances, but, on December 30, 2017, prepared a letter of commitment (Evidence 4; hereinafter “instant letter of commitment”) to the effect that “the Defendant would repay by December 30, 2017,” and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. The main cause of the Plaintiff’s assertion is the Plaintiff’s primary cause of claim, and the Plaintiff lent a total of KRW 40 million to the Defendant around October and December 2002. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 40 million based on each of the instant loan certificates and delay damages as stated in the purport of the claim.

As a preliminary claim, even if the Plaintiff’s loan claim against the Defendant based on each of the instant loan certificates expired by prescription, the Defendant agreed to pay the Plaintiff KRW 40 million on July 31, 2017, while paying the Plaintiff KRW 40 million.

arrow