logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.11.24 2015가단140483
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as its annual rate from January 7, 2016 to November 24, 2016 to the Plaintiff.

Reasons

1. The Plaintiff’s assertion that: (a) on January 18, 2008, the Plaintiff lent KRW 120 million to the Defendant (this does not specify the interest rate, KRW 1.5%, and KRW 100 million); (b) on February 25, 2015, the Plaintiff transferred KRW 100 million out of the loan bonds to C, etc.; (c) the Defendant claims that the Plaintiff is liable to pay the Plaintiff damages for delay including KRW 20 million out of the loan principal, KRW 20 million, and KRW 120 million from October 19, 2012 to February 25, 2015, KRW 50,850, KRW 3050,000,000 from February 26, 2015 to October 19, 2015, and KRW 2347,3190,000,000,000 from February 26, 2015.

2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, it can be acknowledged that the Plaintiff lent the amount of KRW 120 million to the Defendant on January 18, 2008 without setting the interest and the due date for repayment, and that the Plaintiff transferred the amount of KRW 20 million out of the above loan claims to C, D, E, F, and G on February 25, 2015.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won with 5% per annum under the Civil Act from January 6, 2016 to November 24, 2016, the day following the delivery date of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified within the above scope of recognition.

(A) The statement of evidence Nos. 6, 9, and 10 alone is insufficient to acknowledge that there was an agreement between the plaintiff and the defendant to pay interest of 1.5% per month, and there is no other evidence to acknowledge it). 3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit.

arrow