logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.08 2014가단76280
대여금
Text

1. The Defendant’s KRW 60,496,249 and KRW 52,096,301 among the Plaintiff and the Plaintiff’s KRW 1,860,000 from October 18, 2014.

Reasons

The fact that the Plaintiff remitted KRW 60,800,000 to the account from August 27, 2012 to November 11, 2013 that the amount of the loan determined as to the claim for loan was lent to the Defendant is no dispute between the parties.

The plaintiff asserts that the plaintiff lent KRW 10,800,000 to the defendant in cash from April 8, 2013 to November of the same month.

According to Gap evidence 2-7 and 8, even though the plaintiff withdrawn 10,80,000 won from his account several times from April 8, 2013 to November of the same month, it is not sufficient to recognize that the above money was lent to the defendant solely on the above facts of recognition, and there is no other evidence to acknowledge otherwise.

The fact that the Plaintiff received reimbursement of KRW 38,010,000 from the Defendant from April 10, 2013 to April 30, 2014 is the Plaintiff.

The defendant asserts that in addition to the above payment, the defendant paid 40,070,000 won in cash.

However, it is not sufficient to recognize that the defendant paid the above money in cash only with the descriptions of the evidence Nos. 4 through 7, and there is no other evidence to acknowledge it.

The interest rate on the above loans for appropriation of performance shall be 30% per annum, and there is no dispute between the parties concerned.

The Plaintiff sought the payment of the loan on the premise that the claim for reimbursement arising from the subrogated payment of the deposit constitutes an appropriation of the Defendant’s above payment. However, the Defendant’s above payment cannot be deemed to have been made with the payment of the deposit. Thus, the claim for reimbursement is not considered as an appropriation of payment due to the above payment.

For the convenience of calculation, the details of performance shall be deemed to have been repaid on the 15th day of each month by aggregating the monthly payments, and upon the plaintiff's request, the principal and interest of each time shall be calculated as of September 30, 2014.

The results of appropriation for performance are as shown in the attached Form.

In conclusion, the Defendant, 49,096,249 won (=the remainder principal of KRW 42,556,301) and interest for KRW 6,539,948 until September 30, 2014, and interest for KRW 42,556,301.

arrow