logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2020.07.09 2019가단106753
대여금
Text

1. The defendant shall pay to the plaintiff KRW 63,918,032 as well as KRW 60,00,000 among them, from September 3, 2019 to the full payment day.

Reasons

1. Basic facts

A. The Plaintiff, as a lessee, had a claim for the refund of deposit with the lessor C at KRW 15 million upon the termination of the lease agreement.

B. When the Plaintiff urged C to return the said lease deposit, C prepared a notarial deed stating that “Around September 11, 2017, the Plaintiff shall pay the said deposit separately, and that “Around September 5, 2017, the Plaintiff shall pay 12% interest rate of KRW 100 million per annum (which shall be paid every five days) to C, the due date until January 5, 2018, and the delayed payment interest rate of KRW 25% per annum” (hereinafter “notarial deed of this case”).

(On the other hand, C paid the Plaintiff KRW 5 million separately on October 10, 2017. The payment date KRW 1 million on October 6, 2017, KRW 6,000,000,000 on November 6, 2017, KRW 1,000,000 on December 6, 2017, KRW 1,000,000 on January 6, 2018, KRW 1,000,000 on February 5, 2018, KRW 1,000 on February 21, 2018, KRW 200,000 on March 16, 2018, KRW 1,000 on April 30, 2018, KRW 8,000,00 on May 18, 2018.

C. The details of money paid by C to the Plaintiff by December 2018 are as follows.

(other than KRW 5 million paid by separate roads). D.

On March 12, 2019, the Plaintiff prepared a loan certificate (No. 2, hereinafter “the loan certificate of this case”) with the following contents, and the Defendant, who is the husband of C, signed and sealed the loan certificate with the meaning of joint and several sureties.

On the other hand, the loan certificate of this case does not state the amount of principal payable until the time except the following.

[Contents of the certificate of loan in this case] - Transfer of 11 million won interest by the end of March 2019 - Transfer of 5 million won interest per month from the end of April to the end of March 2019.

- Full payment of the balance by the end of July 2019.

E. After the creation of the instant loan certificate, C paid money to the Plaintiff is as follows.

The fact that there is no dispute over KRW 70,000 won on August 1, 2019, which was KRW 5 million on April 1, 2019 and KRW 5 million on August 1, 2019, KRW 770,000 on August 1, 2019, KRW 1230,000 on September 2, 2019, and KRW 1,000 on September 1, 201.

arrow