logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.04.05 2017가단1369
청구이의 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On November 2006, the Plaintiff borrowed KRW 1,500,000 from the Defendant around the end of November, 2006. On November 29, 2006, KRW 1,500,000 was remitted from the Defendant’s account in the Defendant’s wife D’s name to the Plaintiff’s account.

B. On December 27, 2006, the Plaintiff remitted KRW 500,000 to the account in the name of D, and the Defendant additionally lent KRW 1,200,000 to the Plaintiff on December 29, 2016.

Article 1. The Obligor A has recognized that he had already assumed the obligation under the following subparagraphs to the obligee B and agreed to pay the obligation under this Agreement, and the obligee has approved this.

2,50,000 won due until May 17, 2007.

Damages for delay shall be 66% per annum.

The date and time of borrowing: November 28, 2006

On May 9, 2007, the defendant, on behalf of the plaintiff, drawn up at the notary public C office a notarial deed No. 2762 of the 2007 deed as follows (hereinafter "notarial deed of this case"). D.

Based on the instant notarial deed, on December 30, 2015, the Defendant received a seizure and collection order as to the Plaintiff’s claim (Tgu District Court Decision 2015Tcheon Kim 4346), and the Plaintiff paid KRW 1,700,000 to the Defendant eight times from January 7, 2016 to November 16, 2016.

E. On February 8, 2017, the Defendant again received a seizure and collection order as to the Plaintiff’s claim (Seoul District Court Decision 2017TTY 133), and the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 and Eul evidence Nos. 1, 3, 7, 9 and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, who filed a claim, borrowed KRW 1.5 million from D on November 29, 2006, and actually received KRW 300,000 as the interest, by removing the interest from D. The amount actually received is KRW 1.2 million.

The loan money shall be repaid KRW 50,00 per day from November 30, 2006 to December 29, 2006 by the number of days from December 19, 2006, and the repayment shall be made by December 19, 2006 and the settlement shall be made by the number of days from December 19, 2006, and it shall be overdue at the wind close the restaurant.

arrow