(영문) 서울중앙지방법원 2018.05.01 2017가합543657

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.05.01 2017가합543657

대여금

Text

1. The defendant shall pay 276,00,000 won to the plaintiff and 24% per annum from July 26, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant was sentenced to two years of imprisonment on March 28, 2007, on the charge of committing the crime that “the Defendant received a total of KRW 955,500,000 from January 8, 2001 to November 14, 2002 from the Plaintiff, and received KRW 13 times from the Plaintiff,” while establishing and operating C and D, a corporation engaged in bedclothes and retail business, etc., borrowed money several times from the Plaintiff and failed to repay it.”

(Seoul Central District Court 2006dan5623).(b)

On June 4, 2007, prior to the judgment of the appellate court (Seoul Central District Court 2007No950) on the above criminal case, the plaintiff submitted to the above court a written withdrawal of the complaint on the ground of the defendant's fraudulent money repayment. On June 8, 2007, the above court reversed the judgment of the court below on June 8, 2007, and sentenced the defendant to a suspended sentence of three years on June 1 and six months, and the above judgment

C. On June 28, 2007 between the Plaintiff and the Defendant, a certificate of borrowing (No. 1; hereinafter “the certificate of borrowing of this case”) was drawn up as follows.

The fixed amount of KRW 300,00,000 (30,000) shall be the first two percent (2%) per month from the date of borrowing, and the due date for payment shall be June 27, 2009.

Provided, That the date of borrowing shall be paid in advance for the current six-month period.

The amount on the date of borrowing shall be notarized.

Plaintiff E, a joint and several surety of the borrower on June 28, 2007, Plaintiff E, the borrower, Hah.

D. On June 28, 2007, the Defendant and E, one of them, issued promissory notes with a face value of KRW 300,000,000 at face value, at sight of the due date, at the place of issue and payment, and at the place of payment, Seoul, the payee, the Plaintiff, and the issue date of the said promissory notes as of June 28, 2007. On the same day, the said promissory notes as of June 28, 2007 were issued by a notary public as to the said promissory notes as of No. 3909 (hereinafter “instant promissory notes”), and issued them to the Plaintiff.

E. On June 28, 2007, the Plaintiff delivered KRW 240,000 to the Defendant.

[Ground of recognition] Unsatisfy, Gap, 1.

유사 판례

-제주지방법원 2016.07.21 2015가합10963

-광주고등법원 2019.05.30 2018누6576

-대전지방법원 2017.02.08 2015가합106510

-대전지방법원 2017.10.12 2016가단32732

-창원지방법원 2020.08.20 2019가합52914