logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.13 2016가단5044
약정금
Text

1. As to KRW 61,781,688 among the Plaintiff and KRW 48,00,000 among them, the Defendant shall pay to the Plaintiff KRW 61,781,688.

Reasons

1. The Plaintiff’s determination as to a claim for a loan shall be determined on November 15, 201, with interest of KRW 1,00,000,000 for the Defendant, and on May 16, 2012, with interest of KRW 1,000,000 for the payment period, and on February 13, 2012, with interest of KRW 1,000,000 for the payment period, August 12, 2012, with interest of KRW 2,5,00,000 on April 20, 2014, and KRW 7 million on June 15, 2015, respectively, may be recognized by the purport of each statement and pleading set forth in subparagraph 2-1 through 4, and the Plaintiff from the Defendant as a person who has received reimbursement of KRW 5 million for each of the above loans from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff a loan amounting to KRW 48 million ( KRW 5 million in KRW 14 million in KRW 1 million in KRW 25 million in KRW 7 million in KRW - KRW 5 million in KRW) and damages for delay.

In regard to this, the Defendant alleged to the effect that the Plaintiff paid a total of KRW 69,10,000 to the Plaintiff as the repayment of each of the above loans. Thus, there is no dispute between the parties that the Defendant paid KRW 69,010 to the Plaintiff, but there is no evidence to support the fact that the above money was paid as the repayment of each of the above loans. Rather, as seen earlier, the above money was paid as the repayment of credit card in the name of the Plaintiff used by the Defendant, and the above argument by the Defendant is without merit.

2. The fact that the Plaintiff lent the credit card under the Plaintiff’s name to the Defendant on the condition that the Defendant reimburses the Defendant for its use as indicated in the following table, and that the Defendant paid a total of KRW 82,791,688 of the credit card price used by the Defendant is not a dispute between the parties, and the Plaintiff was paid KRW 69,10,000 out of the credit card price by the Defendant.

Serial Card’s use amount of 1 Samsung Card’s use period from November 28, 201 to June 10, 2015, KRW 2,03,079,166, 31-3 single card from October 21, 201 to June 15, 201, to June 25, 2016, KRW 416, 82,791.

arrow