logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.11.26 2020가합22760
약정금
Text

The Defendants, as to the Plaintiff, KRW 94,317,807 and each of the said money, from August 1, 2020 to Defendant B, and Defendant C, on June 1, 2020 to the Plaintiff.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) lent KRW 130,00,000,000 to Defendant B on October 15, 2012, and KRW 130,000,000 on April 29, 2013. The Defendants agreed to return KRW 230,000,000,00, including interest, to the Plaintiff on May 31, 2013 (hereinafter “the cash custody certificate of this case”).

(2) The Defendants prepared and arranged the cash custody certificate of this case. Accordingly, the Defendants are obligated to pay to the Plaintiff 115,00,000 won (i.e., KRW 230,000,000) and damages for delay on each of the above money as prescribed by the cash custody certificate of this case (i.e., KRW 230,000). Defendant B invested KRW 100,000 from the Plaintiff and invested in the housing association project. The Defendants forced the Plaintiff to make up the cash custody certificate of this case for KRW 230,00,000,000, the principal amount of KRW 100,000,000, which was calculated by the Plaintiff’s separate interest, and Defendant C did not borrow money from the Plaintiff, but forced the Plaintiff and Defendant B by deception.

B. Determination 1) According to the overall purport of Gap evidence Nos. 1 and 3 as well as the entire pleadings, the Plaintiff’s total sum of KRW 100,000,000 on October 15, 2012 and KRW 130,000,000 on April 29, 2013 (hereinafter “instant loan”).

(2) Defendant B, on May 31, 2013, agreed with Defendant C to return the instant loan and interest thereon to the Plaintiff by May 31, 2014, Defendant B prepared and issued the cash custody certificate of this case stating that “To receive KRW 230,000,000 on May 31, 2013 and to ensure the receipt (storage) of the said amount,” and according to the above facts of recognition, the Defendants are obliged to pay the Plaintiff the instant loan and interest or delay damages thereon, which the Defendants agreed to return to the Plaintiff pursuant to the cash custody certificate of this case, barring any special circumstances. (2) The Plaintiff is indicated in the cash custody certificate of this case.

arrow