logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2016.05.13 2015가합1508
대여금
Text

1. The defendant shall pay 309,200,000 won to the plaintiff and 15% per annum from March 15, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is between the wife and the defendant, and C is the defendant's wife, and the plaintiff's birth is the defendant's wife.

(2) On March 21, 2014, 201.30, 20.30, 201.30, 201.30, 40, 40, 40, 40.30, 40, 40, 40, 40, 40, 40, 40, 40, 40, 40, 100, 40, 40, 40. 1, 20, 40, 40, 40, 100, 40, 40, 100, 40, 40, 200, 10, 100, 40, 100, 100, 45, 140, 200, 200, 100, 400, 5, 2014, 10, 2005, 2014

B. The Plaintiff wired each of the money indicated in the “amount” column of the instant sheet to each of the persons indicated in the “amount” column of the instant sheet as of the date indicated below (hereinafter “the instant sheet”).

C. On February 19, 2015, the Defendant drafted a loan certificate (hereinafter “the instant loan certificate”) stating that the Defendant shall set the loan amount of KRW 346 million with the Plaintiff and that the said amount shall be paid in five to six installments until July 30, 2015 (where delayed, until September 30, 2015) (hereinafter “the instant loan certificate”).

On December 1, 2014, the Defendant paid KRW 20 million to the Plaintiff.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 3 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion: (a) from February 20, 2014 to December 15, 2014, the Plaintiff lent a total of KRW 329,200,000 to the Defendant; (b) on December 1, 2014, the Defendant paid KRW 20,000,000 out of the above loan KRW 329,229,200,000; and (c) accordingly, the Defendant is obligated to pay the remainder of the loan KRW 39,20,00 ( KRW 329,200,000 - 20,000) and damages for delay to the Plaintiff.

B. The Defendant’s assertion 1 is not a “loan” but the Defendant’s money remitted from the Plaintiff.

arrow