logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.11.29 2018나2804
양수금
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. Basic facts

A. On August 3, 2012, the Defendant borrowed KRW 100 million from D and E on February 5, 201, and on October 3, 2012, the due date for repayment was determined as KRW 70 million from D and E. On October 3, 2014.

B. On October 18, 2017, D and E transferred the remainder of the borrowed amount of KRW 30 million, interest thereon, and damages for delay to the Plaintiffs, one-half of them, and sent a certificate of content notification on the same day to the Defendant at that time.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1, 2 and 3, the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiffs the interest of KRW 15 million and delay damages calculated at the rate of 25% per annum from October 3, 2012 to the date of full payment.

3. On the part of the defendant's assertion, the defendant set up a second priority mortgage with respect to D and E with respect to real estate owned by the defendant, 10 million won from D and E. However, the defendant asserted that the defendant sold the above real estate to 500 million won, and paid 70 million won remaining after excluding the claim amount of the first priority mortgagee to D and E, and agreed with D and E to be exempted from the remaining loan amount of 30 million won. However, it is insufficient to acknowledge that the defendant paid 1,2, and 30 million won to D and E with the remaining loan amount of 1,2, and 30 million won (including the provisional number), and there is no other evidence to acknowledge this. Thus, the defendant's assertion is without merit.

4. In conclusion, the plaintiffs' claim of this case is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit.

arrow