logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.27 2020가단5138831
대여금
Text

The defendant shall pay to the plaintiff 75,947,690 won and 75,693,889 won among them, per annum from April 8, 2020 to the date of full payment.

Reasons

1. The facts of the cause of the instant claim are identical to the facts listed in the annexed cause of claim, which are either no dispute between the parties or all the arguments in the evidence Nos. 1 through 3 can be acknowledged in full view of the purport of the entire pleadings. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 11.9% per annum, which is the rate of delay damages from April 8, 2020 to the date of full payment, which is the rate of 11.9% per annum, which is the interest rate for delay damages, which is the interest rate for the Plaintiff, after the due date for payment.

2. The defendant's assertion is alleged to have concluded the above contract with the plaintiff on the ground that the defendant was aware that there was no economic burden from C, D, and E on the loan contract with the plaintiff.

(1) In the event that a third party made a fraud or coercion with respect to the declaration of intent of the other party, the declaration of intent can be revoked only when the other party knew or could have known such fact (Article 110(2) of the Civil Act). In order to cancel the contract of this case on the ground of a third party’s deception, the Plaintiff should have known or could have known such deception. However, there is no evidence to acknowledge that the Plaintiff knew or could have known such deception, such as C, etc.

Therefore, the defendant's above assertion cannot be accepted.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

arrow