logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.02.02 2015가단35
계금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 46,740,000 won and the period from November 13, 2014 to September 30, 2015.

Reasons

1. Summary of the party's assertion;

A. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 46,740,000,000, not paid in accordance with the money borrowed (Evidence A) certificate.

B. The Defendants did not prepare the above monetary loan certificate and did not receive the above loan money.

2. Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 9, January 24, 2013: "The defendant shall receive 30,000,000 won per one unit among the 21 unit of 20 million won which begin on January 24, 2013 and end on September 24, 2014"; on February 24, 2013, "the defendant shall receive 15,00,000 won from the 2 unit of the above 21 unit of loan, 300,000 won from the above 3 unit of loan; on February 24, 2013, the defendants may jointly borrow 56,130,00 won from the 30th unit of loan; and on February 24, 2013, the defendants shall receive 30,000 won from the 30th unit of loan to the plaintiff pursuant to the agreement."

According to the above facts, the Defendants agreed to jointly and severally repay KRW 56,130,000 to the Plaintiff on February 24, 2013. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 13, 2014 to September 30, 2015, which is the day following the delivery date of a copy of the instant complaint, to the day of complete payment, 15% per annum from the next day to the day of full payment.

Provided, That it shall be governed by the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc.

arrow