logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.01.16 2018가단237274
대여금
Text

1. The Defendant’s KRW 1,500,000 as well as the annual rate from December 8, 2016 to January 16, 2020, and the following.

Reasons

1. On December 17, 2014, the Plaintiff asserted that the Plaintiff leased KRW 5 million to the Defendant at a rate of 2% per month agreed upon. The Defendant repaid KRW 3.5 million to the Plaintiff by December 7, 2016.

Inasmuch as KRW 2,563,595 out of the above KRW 3.5 million was appropriated for the principal, and the remaining KRW 936,405 is appropriated for the principal, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated by the ratio of KRW 4,063,595 and interest or delay damages calculated by the ratio of KRW 2% from December 8, 2016 to the date of full payment.

2. According to the evidence Nos. 1-1 and 7 of the judgment No. 1-7, the fact that the Plaintiff lent KRW 5 million to the Defendant on December 17, 2014 (hereinafter “instant loan”).

However, considering the evidence No. 7 evidence No. 1-2, it is not sufficient to recognize that the plaintiff and the defendant agreed on the interest and the due date at the time of the loan of this case, and there is no other evidence to acknowledge it.

Therefore, 3.5 million won is appropriated for the principal of the instant loan, so the Defendant is obligated to pay to the Plaintiff the remaining principal of 1.5 million won and the damages for delay calculated at the rate of 5% per annum from December 8, 2016 to the date of this sentencing, and 12% per annum from the next day to the date of full payment.

3. As such, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

arrow