logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.18 2013나50727
대여금 등
Text

1. The plaintiff's appeal against the defendant C and the defendants' appeal are all dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. As to claims against the Defendants

A. Basic facts 1) The Plaintiff, on November 30, 2007, extended KRW 150 million to the Defendants on November 30, 2007, specified the amount of KRW 150 million as the due date for repayment from February 28, 2008, interest from February 28, 2007 to December 12, 2007, and interest from December 1, 2007 to 5% per month (hereinafter “loan from November 30, 2007”) or “loan from November 30, 2007” or “loan from November 30, 2007.”

(2) On March 3, 2008, the Defendants agreed to jointly and severally pay the above money to the Plaintiff at the time of the above loan. On March 3, 2008, the Plaintiff agreed to pay KRW 300 million interest rate of KRW 50 million from March 3, 2008 to Defendant B as KRW 50 million per month and KRW 50 million per month from March 12, 2008. On March 12, 2008, the Defendants agreed to receive KRW 60 million from April 30, 2008, KRW 100 million from June 28, 2008, and KRW 100 million from October 28, 2008, respectively.

(hereinafter referred to as “loans as of March 3, 2008” or “loans as of March 3, 2008” / [Grounds for recognition] without dispute, Gap’s evidence 1, Eul’s evidence 10, and the purport of the whole pleadings.

B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 150 million on November 30, 2007 and interest or delay damages thereon, and Defendant B is jointly and severally liable to pay the borrowed amount of KRW 300 million on March 3, 2008 and interest or delay damages thereon. (2) The reasons for this part of the loan claim claim filed by Defendant C on March 3, 2008 are the same as the corresponding part of the reasoning of the judgment of the court of first instance (one hundred to twelve pages). Thus, this part of the reasoning is that the court is identical to the entry of the corresponding part of the reasoning of the judgment of the court of first instance (one hundred to twelve pages).

C. 1) The summary of the defendants' defenses (1) The defendants paid to the plaintiff a total of KRW 150 million on Feb. 22, 2008, KRW 90 million on Feb. 25, 2008, KRW 160 million on Feb. 26, 2008, and KRW 156 million on Nov. 30, 2007, by paying to the plaintiff a total of KRW 150 million on Nov. 30, 2007.

(2) In addition, Defendant B.

arrow