logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.23 2018가단318804
대여금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall pay KRW 50,000,000 and the interest thereon from April 16, 2017 to the date of complete payment.

Reasons

1. Determination as to the claim against the defendant company

A. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff lent 50 million won to the defendant company on April 15, 2017 at the interest rate of 2.3% per month and the due date of payment as of April 15, 2018.

According to the above facts of recognition, the defendant company is obligated to pay the loan amount of KRW 50 million, interest thereon, and delay damages to the plaintiff, except in extenuating circumstances.

B. As to this, the Defendant Company asserted to the effect that the interest on the above borrowed amount was paid at KRW 20 million, but there is no evidence to acknowledge this.

C. Therefore, the Defendant Company is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 25% per annum (which is the highest interest rate under the Interest Limitation Act) as sought by the Plaintiff within the scope of the agreed interest rate from April 16, 2017 to the day of full payment, which is the day following the borrowing date.

2. Determination as to the claim against the defendant B

A. The Plaintiff asserted to the effect that Defendant B jointly and severally guaranteed the Defendant Company’s obligation of KRW 50 million to the Plaintiff, but it is not sufficient to recognize the Plaintiff’s written evidence No. 2 by itself, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim for this part is without merit.

B. In full view of the purport of the argument in Gap evidence No. 3, the Plaintiff’s claim for loans of KRW 22 million is confirmed as follows: (i) the Plaintiff was the Defendant B; (ii) KRW 10 million on June 21, 2017; (iii) KRW 28.5 million on July 4, 2017; (iv) KRW 13.5 million on September 13, 2017; and (iv) December 9. 2017; and (v) the Plaintiff paid KRW 36 million on December 3, 2017 to the Plaintiff. According to the above facts of recognition, Defendant B was the Plaintiff, barring any special circumstance, to the effect that it paid KRW 20 million on the above loans to the Plaintiff. According to the above facts, Defendant B was the Plaintiff’s share of KRW 20 million on the balance of the loans ( KRW 10 million on the basis of KRW 28.5 million on the interest basis of KRW 95 million on the loans.

arrow