logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.04 2018나46126
채무부존재확인
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. Reasons for the court's explanation concerning this case is not more than No. 4 of the judgment of the court of first instance. 2.

B. The reasoning for the judgment of the first instance except for the dismissal as follows is the same as that of the judgment of the first instance, and thus, this is accepted in accordance with the main sentence of Article 420 of the

[C]

B. First of all, we examine whether the Plaintiff and the Defendant agreed to appropriate 300 million won, out of the principal amount of KRW 200 million and the interest amount of KRW 100 million, on the premise that the remainder of the loan principal on February 10, 2015 is KRW 400 million (i.e., the principal amount of KRW 200 million).

According to the evidence Nos. 4, 1, 3, and 5 of the payment and reimbursement agreement signed on February 10, 2015, the following facts are stated: (a) the transfer of legal units (D) in lieu of the repayment of KRW 300 million among the “existing obligations” under paragraphs (1) and (4) of the payment and reimbursement agreement; and (b) the Plaintiff sent the Defendant the message “10 million and interest at any time when it comes to know of 100 million and interest”; (c) the Plaintiff sent the Defendant the message “on March 7, 2017, at any time when it comes to know of 100 million and interest; and accordingly, no agreement was reached between the Plaintiff and the Defendant on the fact that the remainder of the loan at the time is KRW 400 million, and therefore, it appears that the principal amount of the loan certificate at issue and the interest amount remain.

However, the following circumstances are revealed by comprehensively taking account of the respective descriptions and the overall purport of the pleadings as stated in the evidence Nos. 1 through 11, namely, ① the Defendant received 1.4 billion won of the original loan principal from the Plaintiff on October 16, 2014, as part of the principal and the interest accrued therefrom, even if the Plaintiff was not partly paid the interest at the time, and there was a receipt prepared and issued to the Defendant on October 24, 2014, stating that the interest shall be settled later; ② the loan amount of 1.6 billion won is used by C with the original and the Defendant through the Plaintiff; ② the loan amount of 1.6 billion won is used by the Defendant through the Plaintiff, and C was used by the Defendant on October 24, 2014, three months prior to the said agreement.

arrow