(영문) 서울동부지방법원 2016.02.25 2015가단113584

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 2016.02.25 2015가단113584

대여금

Text

1. The plaintiff's claim is dismissed.

2. 50% of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. Basic facts

A. On July 30, 2004, the Plaintiff borrowed KRW 158,000,000 from one bank.

(hereinafter “instant loan”). (b)

On March 26, 2007, the Plaintiff remitted KRW 158,000 to the Defendant.

C. Around July 30, 2007, the Plaintiff informed the Defendant of the account information of the instant loan, and the Defendant repaid the instant loan to Han Bank in installments from August 29, 2007, and on July 30, 2015, repaid the remaining principal amount of KRW 79,980,920 at the maturity of the instant loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, Eul evidence Nos. 2 and the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, around March 26, 2007, the Plaintiff lent KRW 158,000 to the Defendant (hereinafter “instant loan”) and the Defendant repaid the principal and interest of the Plaintiff’s loan to Han Bank equivalent to that amount, and the obligation of the instant loan to the Plaintiff’s Han Bank is all extinguished.

The Plaintiff agreed to pay interest at the rate of 1% per month at the time of the instant lending, and the Defendant’s monthly installment payments at one percent per month do not exceed 1% per month. As such, the Defendant alleged that at least 78,019,080 won (=158,000,000- Temporary Loan principal 79,980,920) as of July 30, 2015 and interest at the rate of 154,840,000 (=1,580,000 +98) under the rate of 1% per month, which is the difference between the amount actually repaid by the Defendant and the accrued interest at the rate of 122,59,90,904, which is the difference between the amount actually repaid by the Defendant and the accrued interest at the rate of 122,243,096. Accordingly, the Defendant asserted that the Defendant did not have any obligation to pay more than the amount directly repaid interest on the instant lending.

Therefore, according to the evidence evidence evidence Nos. 3 and 4, the defendant transferred KRW 50,00,000 from C on March 21, 2007, and approximately 13 months after the transfer to C on April 18, 2007, respectively.

유사 판례

-서울고등법원 2016.09.30 2016나2020716

-수원지방법원여주지원 2020.11.19 2020가단56686

-서울동부지방법원 2018.10.19 2018가단3794

-창원지방법원통영지원 2014.09.25 2014가합1726

-수원지방법원 2020.10.15 2020가단13201