logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2017.07.21 2016가합1114
대여금
Text

1. The Defendant’s KRW 190,476,00 for the Plaintiff and KRW 5% per annum from March 30, 2017 to July 21, 2017.

Reasons

1. Basic facts

A. On June 26, 1989, the Plaintiff loaned money to the Defendant or the Defendant’s wife who represented the Defendant several times on several occasions upon receiving a request from the Defendant who borrowed money. The Defendant or C repaid the principal and interest to the Plaintiff.

B. Upon the Plaintiff’s request for the settlement of accounts to the Defendant at the end of 2005, the Defendant’s wife C (the Plaintiff’s wife) on behalf of the Defendant on November 2007 entered the Defendant’s detailed statement (Evidence A No. 1) in total of KRW 1.2 billion ( = KRW 300 million KRW 50 million KRW) and total of KRW 70 million of the subsequent repayment (= around March 1999 KRW 150 million KRW 150 million and KRW 200 million remitted to the Plaintiff on October 200, 200 KRW 50 million, KRW 50 million, KRW 200 million, KRW 400 million, KRW 500 KRW 20 million, KRW 5000 KRW 200,000, KRW 5000,000, KRW 1.505 billion, KRW 205 billion, and KRW 300,000,00 won, respectively).

C. On April 4, 2016, the Defendant transferred KRW 200 million in total to the Plaintiff via the Daegu Bank’s deposit account in the name of D twice each time to the Plaintiff, and wired KRW 39,524,000 to the Plaintiff on December 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 3, and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. As seen earlier, around the end of 2005, the Plaintiff and C representing the Defendant completed the settlement of the Plaintiff’s unrepaid principal amounting to KRW 430 million (=120 million - KRW 770 million) against the Defendant. Since the Defendant repaid the Plaintiff totaling KRW 239,524,00, the Defendant paid the Plaintiff the remainder of KRW 190,476,00 (= KRW 430 million - KRW 239,524,000) and the Defendant, barring any other special circumstances, did so.

arrow