logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.24 2014나9088
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the cause of the claim No. 1-1 through 3, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at a rate of 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 5, 2014 to the day of full payment, barring any special circumstance, for the following reasons: (a) the Plaintiff loaned KRW 5 million on May 15, 2012; (b) KRW 5 million on June 25, 2012; and (c) KRW 14 million on July 1, 2012.

In regard to this, the Defendant asserted that, from January 25, 2012 to October 7, 2013, the amount actually borrowed from the Plaintiff was 28.1 million won including the above loan 14 million won. The Defendant paid 41.9 million won to the Plaintiff’s account by either transferring money to the Plaintiff’s account or borrowing money from the Plaintiff, which he/she became aware of as the Plaintiff’s introduction, and paying 4,190,000 won in excess of the loan. Rather, the Defendant asserted to the effect that the Plaintiff obtained interest exceeding the interest rate under the Interest Limitation Act and unjust enrichment of 10,777,239 won. However, the Defendant’s assertion is insufficient to acknowledge the Defendant’s assertion, and there is no evidence to acknowledge this otherwise.

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow