logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.24 2016가단2158
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 19 million and the amount of KRW 100 million from October 20, 2012 to the date of full payment.

Reasons

1. The allegations and judgment of the parties

A. Determination as to the cause of the claim 1) The Plaintiff loaned the Defendant a total of KRW 70 million on November 20, 2009, and KRW 100 million on December 21, 2009 to the Defendant at 1.5% per annum. The Defendant, from January 20, 2010 to October 19, 2012, remitted the Plaintiff a total of KRW 42 million interest to the Plaintiff during the six-month interest period and the principal of the loan were not returned, and there is no dispute between the parties. Accordingly, the Defendant is obligated to pay damages for delay calculated on October 20, 201 to the Plaintiff the total of KRW 19 million interest of the loan and KRW 100 million until October 20, 2012.

B. The defendant's assertion 1) The defendant asserted that around October 2009, the plaintiff purchased the 301st floor of the building C in Seongbuk-gu Seoul (hereinafter "C lending") from the plaintiff's mother's name in the name of the plaintiff's 265 million won, and the former owner succeeded to KRW 125 million. The defendant paid 34,482,555 won to the former owner on behalf of the plaintiff until September 2016, since the defendant paid 34,482,55 won of the loan principal of this case, this money should be deducted from the loan principal of this case.

B) As to this, the Plaintiff asserts that the Defendant jointly purchased C Borrowing from the Plaintiff and that the Defendant would jointly make a joint investment with the Plaintiff, excluding KRW 140,000,000,000,000, which was the remainder of KRW 130,000,000,000, and that the Defendant would succeed to the obligation of the former owner with respect to the remainder of KRW 130,000,000,000,000,000,000. 2) In light of the following facts and circumstances recognized in light of the respective entries and arguments, the Defendant’s assertion is acceptable.

arrow