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(영문) 춘천지방법원강릉지원 2015.08.25 2014가합1167
대여금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 26,821,142 as well as 20% per annum from August 23, 2014 to the date of full payment.

Reasons

Basic Facts

The loan certificate dated May 30, 2014 will be borrowed in a fixed amount of 122,00,000 won and promise to implement the following provisions:

1. The principal shall be 122,00,000 won;

2. Interest shall be paid in 100,000 won per month until December 2014.

3. From January 2015, the interest rate of KRW 2 million shall be KRW 1 million and the principal shall be paid by the 20 million by the 20th of each month.

4. The obligor shall lose the benefit of time and the obligee shall pay the principal and interest without objection even if any claim is filed for the balance of the principal and interest.

On May 30, 2014, and June 3, 2014, while the Plaintiff had long been engaged in money transactions with the Defendants, the Plaintiff prepared and delivered each of the following loan certificates (Evidence A1, 5, and 2-5) from the Defendants.

The repayment period of KRW 177,240,00 with the loan from January 8, 2013 to April 21, 2014: Interest on June 30, 2017: the repayment period shall be from June 20, 2014 to December 20, 2014; and KRW 1 million shall be paid each month from June 20, 2014 to December 20, 2014.

The above amounts will be fully borrowed and repaid within the above date. The debtor will be held liable for any civil or criminal liability in the event of default of any of the above loans and the letter of payment.

B. On August 25, 2014, the Plaintiff filed a criminal complaint against the Defendants on the charge of fraud (No. 2-4), and on November 27, 2014, the Gangnam Police Station sent the Defendants to the prosecution with the opinions of suspicion (No. 2-3) as follows.

The complainants of the O complaint have paid and received money from KRW 00,000 to KRW 00,000 for a period of one year so far, and it is not known that the amount paid has not been settled. However, it is stated that the aggregate amount of the statement transferred was not paid KRW 26,250,000,000, which led to a criminal charge of fraud.

O Suspects have received KRW 190,9190,00 from the complainants by account transfer for the same period.

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