logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.03 2016나6387
대여금
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. Facts of recognition;

A. On July 6, 2011, the Plaintiff lent KRW 150 million to the Defendant on the same day. The Defendant, on the same day, made a notarial deed with respect to the said loan obligation to the Plaintiff as the No. 264 of the law firm Simti (hereinafter “No. 20 million”), and the notary public made a notarial deed with respect to the said loan obligation to the Plaintiff on August 31, 2011; KRW 50 million on September 30, 2011; KRW 20 million on October 10, 201; KRW 30 million on October 31, 201; KRW 30 million on November 31, 201; KRW 30 million on November 30, 201; and KRW 10 million on November 30, 2011; and KRW 10 million on August 9, 2011, the Defendant made a notarial deed with respect to the loan obligation to the Defendant on the same date.

B. On November 30, 201, the Defendant prepared a payment note to the effect that each of the above loans was not repaid by November 30, 201, and that 200 million won will be repaid to the Plaintiff on February 10, 2012 (hereinafter “instant payment note”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant agreed to pay KRW 200 million to the Plaintiff the principal and interest of the amount borrowed on February 10, 2012.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from December 30, 2015 to the date of full payment, which clearly includes the following day when a copy of the instant complaint is served on the Defendant, which includes a notice to the Plaintiff to demand the performance of the above obligation.

3. Judgment on the defendant's defense

A. The judgment of the defendant on the defense of revocation by duress is merely 11 million won which the defendant bears against the plaintiff, but is also by the plaintiff's coercion.

arrow