logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2017.08.18 2016가합206488
대여금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff Co., Ltd.) and Defendant B, jointly and severally, amounting to KRW 80,000,000.

Reasons

1. Determination on the main claim

A. The following facts do not conflict between the parties, or evidence Nos. 3, 6, and 7 (including numbered numbered number; hereinafter the same shall apply) of the following facts: (a) the claim against the Defendant (Counterclaim Plaintiff) C (hereinafter “Defendant C”) and the claim for the joint and several surety payment against the Defendant C; and (b) the recognition of each of the facts as follows:

A) The Plaintiff (hereinafter referred to as the “Plaintiff”) shall set the interest rate of KRW 1.5% on October 15, 2008, and KRW 50 million on September 4, 2009 as interest rate of KRW 1.1% on each of the principal obligations of this case (hereinafter referred to as “each of the principal obligations of this case”), but the repayment period for each of the above loans was not separately determined.

B) Defendant B jointly and severally guaranteed each of the above loans to the Plaintiff by Defendant C. (C) around 16th day of each month under the name of interest on KRW 100 million for the above loans (=10 million x 1.5% per agreed interest rate) and paid KRW 500,000 per month until September 2012 each month under the name of interest on KRW 50 million for the above loans (=50 million x 1% per agreed interest rate) by September 3, 2013. Accordingly, the Plaintiff requested the Defendants to pay the interest on KRW 150,000 per month for each of the above loans to the Plaintiff. The Defendants paid the Defendant’s representative director D (Defendant E and Defendant B’s spouse) by account transfer.

From December 24, 2013, as indicated in the table below, interest or principal of 1% per month on total amount of KRW 150 million was paid.

Comprehensively taking account of the evidence and the overall purport of the argument, it seems that there was an implied agreement between the Plaintiff and the Defendants regarding the appropriation of the repayment amount as stated in the above table.

The remainder amount = KRW 1.5 million per month interest of KRW 1.5 million per month from December 24, 2013 to June 24, 2014 = KRW 1.5 million per original = 1.5 million.

arrow