(영문) 인천지방법원 2019.02.01 2018가단4344

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) 인천지방법원 2019.02.01 2018가단4344

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 1, 2004, the defendant set KRW 10,000,00 to the plaintiff and the non-party C as interest rate of KRW 2.5% per month.

(hereinafter “instant loan”). (b)

1) The Defendant asserted against the Plaintiff and C that “the Plaintiff and C shall pay 250,000 won each month until November 2006 with respect to the instant loan, and that “the Plaintiff and C shall pay 13,00,000,000 won totaling the principal and accrued interest each month in 650,000,000 won each month, and the Defendant shall pay 10,000 won each month from February 25, 2007 to November 25, 2007 and did not pay the remainder 6,50,000 won each time from November 25, 2007,” and that “the Plaintiff and C shall jointly and severally pay to the Plaintiff 6,50,000 won each year from the next day of the instant decision of performance recommendation to the date of complete payment (hereinafter “the decision of performance recommendation”) was delivered to the Plaintiff and C by 208,000 won each day after the date of repayment.”

C. On the other hand, on June 21, 2006, the defendant lent KRW 15,000,000 to the plaintiff and the non-party D, who is his father, to the non-party D with interest rate of KRW 3% per month.

(hereinafter “Loan”) D. (hereinafter “Loan”) on June 21, 2006.

The defendant filed a lawsuit against the plaintiff and D with the Incheon District Court No. 2016 Ghana53681, and paid the plaintiff and D with 25% interest per annum from June 9, 2013 to the day of complete payment. The defendant shall pay the plaintiff and D with 7,500,000 won, respectively, and 25% interest per annum from June 9, 2013 to the day of full payment.

'The above judgment was final and conclusive at that time after the judgment was rendered.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, Eul's 11-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties asserted that he borrowed the loan of this case from the defendant on October 1, 2004 with the non-party C. However, the loan of this case as of June 21, 2006 is newly borrowed from D, his father.

유사 판례

-서울남부지방법원 2015.01.16 2013가단223251

-서울남부지방법원 2015.06.12 2013가합16986 (1)

-수원지방법원 2019.09.25 2018나76491

-서울남부지방법원 2017.08.25 2016가단21975

-인천지방법원 2015.01.23 2014가합55747