logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.27 2016나7317
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. On February 5, 2012, the Defendant subscribed to the instant system organized by the Plaintiff (hereinafter “instant system”). The instant system aims to receive KRW 5 million from the said system by the sequence, but to pay KRW 410,000 per month 16.

B. The Defendant received KRW 820,000 from 5 million to 8.2 million to 2-month payment, and the remainder of KRW 378,00 from the Plaintiff, deducting the interest obligation on the loan that the Defendant’s mother C possessed by the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is liable to pay to the plaintiff the limit of KRW 4.10,000 per month for 16 months, and the plaintiff is paid the total of KRW 4.1 million from the defendant, barring special circumstances, the defendant is liable to pay to the plaintiff the remainder of the limit of KRW 2.460,000 per annum ( KRW 410,000 per month x 6 times per month) and to pay damages for delay at the rate of KRW 15% per annum from August 6, 2015 to the day of full payment, as requested by the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant asserts that since 6.10,000 won per month were paid to the plaintiff in total, 6.1 million won per month, the defendant paid all of the fraternitys of this case.

The plaintiff received KRW 6.10,00 per month from the defendant. Among them, the plaintiff asserts that 4.10,000 won was paid as interest rate of KRW 11,00,000 for the plaintiff's loan to C, and the defendant also claimed that 2,000,000 won was paid as interest rate of KRW 11,00,000 for the plaintiff's loan to C, and 2,000,000 won was paid as interest rate of KRW 4,10,000 for the settlement of accounts under the contract of this case in the preparatory document dated February 11, 2016.

arrow