(영문) 서울동부지방법원 2019.01.18 2018가단103526

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.01.18 2018가단103526

대여금

Text

1. The Defendant’s KRW 45,00,000 as well as 5% per annum from February 19, 2018 to January 18, 2019, respectively, to the Plaintiff.

Reasons

1. According to the overall purport of Gap evidence Nos. 1-1, 2, and 2-1, 2-2, and Eul evidence Nos. 1-1 and 1-2, as to the cause of the claim, it is recognized that the plaintiff lent KRW 50 million to the defendant who was the relevant fraud on Jan. 9, 2017, and the result of the plaintiff's order to submit each evidence Nos. 1 and 2 or the financial transaction information to C Co., Ltd. by this court is insufficient to reverse the above recognition.

(2) In light of the above facts, the Defendant is obligated to pay damages for delay to the Plaintiff from February 19, 2018 when a considerable period of time has elapsed since the delivery date of a copy of the complaint, which is the date of the request for performance of the above 50 million won, to the Plaintiff (the Plaintiff is liable to pay damages for delay from the day after the delivery date of the copy of the complaint, but there is no evidence to deem that the above payment was due to delay by the Defendant prior to the above date).

2. The Defendant’s defense of set-off defense against the Defendant that the Plaintiff offsets the Plaintiff’s loan amounting to five million won on March 4, 2016.

The Defendant loaned KRW 5 million to Nonparty E, the husband of the Plaintiff, who was the head of March 4, 2016 and Nonparty E, the husband of the Plaintiff, and the fact that the Plaintiff’s principal of the loan was determined to offset the Plaintiff’s loan is either a dispute between the parties or pursuant to the overall purport of pleadings. The Plaintiff and the Defendant’s respective loans were set off on July 18, 2018 when a considerable period of time has elapsed since the date of arrival of the Defendant’s declaration of intent of set-off, which is deemed the date of the Defendant’s request for performance, was set off on the same day. Thus, the Plaintiff’s loan was retroactively set-off on the date of set-off, and thus,

The defendant's defense of set-off is justified.

3. Thus, the defendant is about 45 million won to the plaintiff.

유사 판례

-울산지방법원 2018.10.02 2018가단8704

-부산고등법원 2017.08.23 2017나52354

-청주지방법원 2018.09.20 2018가단664

-수원지방법원 2017.06.07 2016나72884

-인천지방법원 2019.06.20 2018나7849