(영문) 서울중앙지방법원 2018.11.14 2017가합562979

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(영문) 서울중앙지방법원 2018.11.14 2017가합562979

대여금

Text

1. As to the Plaintiff’s KRW 217,00,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 67,00,000 from January 1, 2017.

Reasons

1. Basic facts

A. On September 2, 2016, the Plaintiff transferred KRW 6,000,000 to the Defendant’s account under the Defendant’s name to the Defendant and lent money to the Defendant by means of remittance of bank accounts or cash payment several times.

B. On November 28, 2016, the Defendant borrowed 217,000,000 won from the Plaintiff on the same day from the Plaintiff, and prepared and awarded a letter of payment with the intent to repay in accordance with the payment schedule promised (hereinafter “instant letter of payment”).

The contents of the above letter of payment are as follows:

I, on November 28, 2016, borrow KRW 1,700,000,000.

The reason for this is that the transaction was made at the rate of 5% per share from September 2, 2016 to the rate of 5% per share, but the payment of interest has not been made from October 26, 2016 due to the circumstances of the principal's transaction.

As above, by mutual agreement between November 28, 2016, KRW 100 million out of the above amounts until the end of December 2016, and KRW 67 million out of the balance 117 million out of the balance 10,000,000 won by the end of January 2017 and KRW 50,000 in the balance as of February 2017, respectively.

However, I agree that the above commitments may be subject to legal measures (civil or criminal) in the event of non-performance.

* There shall be no later than the full payment due, payment of interest on the principal at 3% per month on the balance.

C. The Plaintiff filed the instant lawsuit under the name of “B,” but was named as “A” on June 26, 2018 during the instant lawsuit, and filed an application for correction of the party indication on August 22, 2018, and accordingly, the correction of the party indication was made.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the result of the party's questioning, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the Defendant’s assertion is that the Plaintiff, without having reported his birth, lives as “B” as his child until now.

유사 판례

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