logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.24 2019가단5036649
대여금
Text

1. Defendant C:

A. The Plaintiff A’s KRW 21,00,000 and for this, KRW 15% per annum from February 26, 2019 to May 31, 2019.

Reasons

Facts of recognition

On October 30, 2017, Plaintiff A’s claim against Defendant C, at the request of Defendant C, lent KRW 15,000,000 to the bank account under the name of Defendant C, the husband of Defendant C, and on June 12, 2018, lent KRW 6,000,000 by means of transfer to the bank account under Defendant C’s name (= KRW 15,000,000).

Plaintiff

B deposited KRW 14,200,000 (a 14,200,000 after deducting interest) to Defendant C on November 1, 2017, KRW 30,000 (a 28,800,000 after deducting interest) on November 30, 2017, KRW 28,800 (a 28,000,000 after deducting interest), and KRW 65,000,000 on December 9, 2017, including the sum of KRW 10,000,000 on December 26, 2017 (i.e., KRW 15,00,0000, KRW 30,0000,0000).

From December 2, 2017 to October 23, 2018, Defendant C repaid the total of KRW 48,950,000 by means of transferring to Plaintiff B’s account. Of them, Defendant C is recognized as the principal repayment of the loan, 21,300,000, excluding the details of the repayment of the amount of KRW 1,000,000,000, which is recognized as the payment of interest, and the amount of KRW 1,000,000, which is recognized as the payment of interest, on July 25, 2018.

Therefore, Plaintiff B has a loan claim of KRW 43,700,000 (=65,00,000 - 21,300,000) against Defendant C (hereinafter “each of the instant loan claims”). On November 24, 2018, Defendant C, who entered into a sales contract, sold real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) to Defendant C for KRW 260,000,000, and agreed to pay KRW 150,000,000 (hereinafter “instant creation registration”) with Defendant D’s debt obligation of KRW 150,300,000,000 (hereinafter “instant establishment registration”) to Defendant C, and to pay KRW 10,000,000 to Defendant C with the remainder of KRW 10,000,000,000 (hereinafter “10,000,000 won”).

arrow