logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.05.18 2016가단23466
대여금
Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from February 29, 2016 to June 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband C and the Defendant, as a middle school-friendly relationship, were to make payment to the Plaintiff and the Defendant close to the husband’s meeting.

B. From January 2005 to July 27, 2015, the Plaintiff lent a total of KRW 93 million to the Defendant at 15% per annum without due date.

C. The Plaintiff received KRW 23 million from the Defendant around July 25, 2011, and received interest from February 28, 2016.

As the Plaintiff did not receive interest after February 29, 2016 from the Defendant, the Plaintiff demanded the Defendant to return the remainder of KRW 70 million (=93 million - 23 million).

After that, the Plaintiff received KRW 20 million from the Defendant around March 30, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of the plaintiff's principal questioning, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of the leased principal amounting to KRW 50 million (i.e., KRW 93 million - KRW 23 million - KRW 20 million) and to pay damages for delay at each rate of KRW 15 percent per annum, which is the rate of agreement, from February 29, 2016 to June 14, 2016, the delivery date of a copy of the complaint of this case, from February 14, 2016 to June 14, 2016.

B. Determination 1 on the Defendant’s argument as to the allegation of offset agreement (A) The Defendant asserted that the set-off agreement was asserted, from October 31, 2008 to September 24, 2015, obtained credit card loans, etc. and lent a total of KRW 48 million to C. Since September 2015, C did not pay the loan interest interest rate, and C paid the loan interest rate on behalf of the Defendant.

C The principal and interest of the loan that was not paid to the Defendant by March 20, 2016 was KRW 48 million and KRW 2.4 million in total, and KRW 50,400,000 in the loan principal and interest of KRW 48 million in four months.

Accordingly, around March 20, 2016, the defendant extended a loan of KRW 70 million to the defendant against the plaintiff (= KRW 93 million - KRW 23 million) between the plaintiff and the defendant around March 20, 2016, and claims such as the above loan to the defendant C, etc. 5.

arrow