logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.30 2016나59321
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. The fact that the Plaintiff lent a total of KRW 40 million to the Defendant on November 6, 2014, and November 7, 2014, without setting the due date for repayment, is not a dispute between the parties. Therefore, the Defendant is obliged to pay the Plaintiff a loan of KRW 40 million and damages for delay, barring any special circumstance.

2. Determination on the defendant's defense

A. Basic facts 1) The Plaintiff is the Defendant and C Co., Ltd. (hereinafter “Defendant, etc.”) on April 17, 2015.

B) The apartment house of 15 stories on the 15th floor (hereinafter referred to as the “instant apartment house”) between Kimhae-si and Dong-si.

(2) The sales contract of this case is a contract under which 1504 heading 1504 heading 17.1.6 million won is sold in lots (hereinafter “instant sales contract”).

(2) In concluding the instant sales contract, the term “special terms and conditions of Article 10” in the sales contract of this case include the intermediate payment of KRW 15 million, including the down payment of KRW 100 million, and the remainder of KRW 71.6 million.

§ 10. [Special Agreements]

1. Sales contract shall be governed by a special agreement disregarding the sale price and payment period of Article 2;

2. Total amount supplied: Balance remaining after payment is completed for a daily amount of KRW 100 million: At least KRW 100 million per day, and on August 30, 2000 won;

3. The amount of KRW 1,000,000,000,000,000 shall be replaced by the deposit money for lease on a deposit basis under the E building A.

3) At the time of the instant sales contract, the Plaintiff and the Defendant offseted the Plaintiff’s loan claims against the Defendant on August 21, 2014 in accordance with the terms and conditions set forth in the said special agreement. Of the remaining intermediate payment of KRW 85 million, KRW 45 million against the Plaintiff’s claim for refund of deposit equivalent to KRW 45 million in relation to the Plaintiff’s 204 moving to the building Kimhae-si, Kimhae-si. (U.S.)

B. The Defendant 1’s assertion of the parties is equivalent to KRW 40 million out of the intermediate payment claim 100 million, which the Defendant had against the Plaintiff at the time of the instant sales contract.

arrow