logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.08.10 2017가단74005
대여금
Text

1. The Defendant: (a) KRW 80,000,000 for the Plaintiff and 5% per annum from December 31, 2014 to February 10, 2017.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim in Gap evidence No. 1, the defendant is obligated to pay the plaintiff, on December 30, 2014, the amount of KRW 80 million borrowed from the plaintiff, and the amount of KRW 80 million paid up to December 30, 2016, to the plaintiff by December 30, 2016. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 5% per annum as stipulated in the Civil Act from December 31, 2014 to the delivery date of the original copy of the instant payment order, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. As to the defendant's argument

A. First, the defendant asserts that the above KRW 80 million includes the loan amount of KRW 20 million and the interest amount of KRW 15 million and 5% per month for each of the above amounts that he/she directly borrowed and guaranteed the obligation of KRW 10 million, and that he/she is not liable for the payment of KRW 80 million and the balance of KRW 30 million other than the interest prescribed by the Act. However, the defendant's above assertion is difficult to believe that it is against the content of the loan certificate, and the defendant agreed to pay KRW 80 million to the plaintiff through the loan certificate, and thus the above amount of KRW 80 million cannot be exempted.

The defendant's above assertion is without merit.

B. Next, the defendant asserts that the above loan certificate was made by the plaintiff's coercion, and thus, it is invalid. However, there is no evidence to acknowledge this, and the defendant's assertion is without merit.

3. The plaintiff's claim is justified, and this is accepted.

arrow