(영문) 서울남부지방법원 2018.11.28 2018가단215224

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.11.28 2018가단215224

대여금(소멸시효 연장을 위한)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. On January 31, 2008, the Seoul Central District Court 2007Gahap34994, which was brought by the Plaintiff to seek the payment of the loan against the Defendant, was established as follows (hereinafter “instant conciliation”).

1. The Defendant shall pay KRW 80 million to the Plaintiff; among them, KRW 20 million shall be paid until July 31, 2008, and KRW 20 million until January 31, 2009, respectively, until July 31, 2009, and KRW 20 million shall be paid until July 31, 2009, and the remainder KRW 20 million shall be paid from the Plaintiff to the Plaintiff at the same time as the check number D Korea Housing and Commercial Bank of Chungcheongnam-do refund of the check number per unit by the Plaintiff.

2. If the defendant delays the payment at any time, he/she shall immediately lose the benefit of the time and shall pay the full amount payable at the rate of 20% per annum from the day after the payment date to the day of full payment.

B. On July 31, 2008, the Defendant repaid the Plaintiff KRW 20 million, and thereafter, the Defendant did not repay the obligation arising from the instant conciliation.

C. The supplementary intervenor, who is the creditor of the Plaintiff, filed an application for the seizure and collection order as to the claim based on the Seoul Central District Court Decision 2000Gahap62464 as the claim claim amounting to KRW 328,614,715, which was based on the judgment of the Seoul Central District Court 200Gahap664, and filed an application for the seizure and collection order as to the claim based on the instant conciliation under the Seoul Central District Court 2009 TaT303, March 5, 2009 (hereinafter “instant claim seizure and collection order”).

C. The original copy of the instant order of seizure and collection was delivered to the Defendant, who is the garnishee on March 9, 2009, and to the Plaintiff, who is the debtor on September 28, 2009, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 and Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. As to the Defendant’s defense of this case, the Plaintiff sought payment of KRW 173,030,136 (principal KRW 60 million and delay damages KRW 113,030,136) based on the instant conciliation that was not paid to the Defendant.

유사 판례

-서울남부지방법원 2018.11.28 2018가단16137

-대법원 2017.07.18 2017다9671

-수원지방법원성남지원 2020.07.17 2018가단221286

-서울중앙지방법원 2017.12.13 2017나57242

-서울동부지방법원 2018.04.20 2017가합110944