logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.19 2016가합575343
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 265,200,000 and the interest rate thereon from January 24, 2017 to the date of full payment.

Reasons

1. On June 29, 2016, the Defendants agreed to jointly and severally repay the amount of KRW 265,200,000 that Defendant C borrowed from the Plaintiff (hereinafter “the instant loan”) to the Plaintiff on the grounds of the claim without having set the due date for repayment. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the instant loan amount of KRW 265,200,000 and damages for delay.

Furthermore, in the case of a loan for consumption with no agreement on the time of repayment, the lender shall demand the return of the loan for consumption with a reasonable period fixed (Article 603(2) of the Civil Act). The borrower shall be liable for delay from the time when a reasonable period has elapsed after the lender notified the return to the Defendants. There is no evidence to prove that the Plaintiff notified the Defendants of the return of the loan prior to the filing of the lawsuit in this case. The fact that the complaint of this case, including the Plaintiff’s expression of intent to claim the return of the loan in this case, was delivered on December 23, 2016, is apparent in the record. Therefore, it is reasonable to deem that the above loan obligation has arrived on January 23, 2017, which is one month after the delivery date of the copy of the complaint in this case.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 265,200,000 won and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 24, 2017 to the date of full payment.

2. The Defendants’ assertion regarding the Defendants did not pay the principal and interest of the secured debt (hereinafter “the principal and interest of the instant case”) on at least two occasions between the Plaintiff and the Plaintiff on June 23, 2016, between Jinju Savings Bank, Jin Savings Bank, the maximum debt amount of 2.6 billion won, and Defendant B’s joint collateral mortgage (hereinafter “the principal and interest of the instant case”).

arrow