logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.05.14 2019가단3032
대여금
Text

1. The Defendant’s KRW 52,800,000 as well as the annual rate of KRW 5% from March 9, 2019 to May 14, 2020 to the Plaintiff.

Reasons

1. The parties' assertion and judgment

A. The plaintiff asserts that he lent a total of KRW 81,800,000 to the defendant several times, and the defendant asserts that the amount borrowed from the plaintiff is only KRW 25 million.

B. According to the overall purport of the statements and arguments stated in Gap evidence 1-1, Gap evidence 1-2, 4, 5, and 6, the defendant has the following: (i) the loan certificate (Evidence 1-1-1 of the Act) stating "10 million won on November 10, 2016, and October 2, 2018 on the date of repayment; (ii) the loan certificate stating "No. 15 million won on March 15, 2017, (Evidence 1-2 of the Act on July 30, 2018; (iii) the loan certificate stating "No. 10 million won on the loan; (iv) the loan certificate No. 201-180, Oct. 18, 2017; and (v) the loan certificate No. 201-18, Oct. 18, 2017; and (v) the loan certificate No. 201-208, Jul. 18, 2017.

Therefore, barring any special circumstance to the Plaintiff, the Defendant, a debtor, is obligated to pay damages for delay calculated at each rate of 12% per annum as stipulated in the Civil Act from March 9, 2019, which is the day following the day on which the Plaintiff’s delivery of a copy of the instant complaint sought after the date of repayment of each of the above loans, to the extent that the Defendant’s obligation exists and its scope is substantially disputed, with 5% per annum as stipulated in the Civil Act until May 14, 2020, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day until the day of full payment, to the day of full payment.

The plaintiff asserts that he lent a total of KRW 81,80,000,000 to the defendant exceeding the above KRW 52,800,000,000,000,000, but it is written in the evidence No. 1-5 and evidence No. 1-7.

arrow