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(영문) 부산지방법원 동부지원 2018.11.07 2017가단14286
대여금
Text

1. The defendant shall pay to the plaintiff KRW 49,30,000 and KRW 40,00,000 among them, from October 15, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. C is responsible for the primary, secondary, and three presidents of “E” composed of approximately 100 chairpersons in Busan City and approximately 100 Busan City. The Defendant was in charge of the primary, second, and second auditors of “E”, and the Defendant was well aware of each other.

B. At around November 2008, C received a request from the Defendant that “I would pay 50 million won after one year if I lent 2% interest rate per month.”

C. The F managed C’s funds through the account in the name of wife G and H. However, upon C’s request, the F deposited KRW 50 million out of the C’s funds in the account in the G on November 14, 2008 and deposited the Defendant’s account in the name of H.

(A) The Defendant’s transfer of KRW 50 million (hereinafter referred to as “instant loan”), and the instant contract on the instant loan (hereinafter referred to as “instant monetary loan agreement”). D.

On November 13, 2008, the defendant prepared a cash tea certificate (Evidence A 1) stating that "The payment date shall be November 2009 on the condition that interest shall be paid in two copies per month on the loan of the above amount (Provided, That if payment is made within the due date, prior consultation shall be made after the due date)" and delivered to C.

E. From the date of the above loan, the Defendant transferred KRW 1 million monthly interest on the instant loan to the H account designated by C, and around May 2013, the instant loan from C was in fact and the Plaintiff’s money, the mother of C, was sent to the Plaintiff’s account in the name of the Plaintiff. From May 27, 2013, the Defendant sent interest to the Plaintiff’s account from May 27, 2013.

F. Until October 14, 2013, the Defendant paid all interest on the instant loan by no later than October 2013. On October 25, 2013, the Defendant remitted the principal amount of KRW 5 million among the instant loan, and KRW 5 million on November 6, 2013, respectively, to the account in the name of the Plaintiff.

G. From December 26, 2013 to May 10, 2017, the Defendant paid a total of KRW 29,100,000,000,000 for the purpose of paying interest on the remaining principal amount of the instant loans from December 26, 2013 to May 1, 2017.

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