logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.04.24 2018가단220576
대여금
Text

1. Defendant B’s KRW 45,00,000 as well as the Plaintiff’s annual amount of KRW 9.9% from May 21, 2018 to August 30, 2018.

Reasons

1. Determination as to the claim against the defendant B

A. On May 23, 2018, the Plaintiff entered into an authentic deed of monetary loan loan contract No. 231 of 2018, 2018, i.e., the Plaintiff’s settlement relationship with Defendant B on May 21, 2018, 2018, i.e., the annual interest rate of KRW 45 million, the due date of repayment, August 30, 2018, interest rate of KRW 9.9% per annum, and interest rate of KRW 22% per annum 22% per annum. Accordingly, Defendant B is obligated to seek damages for delay calculated by the Plaintiff within the limit of 15% per annum from May 21, 2018 to August 30, 2018.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

C. Some of the dismissed parts of the Plaintiff claimed payment of interest or delay damages calculated at the rate of 15% per annum from May 1, 2018 to the date of full payment. However, the lending date on the notarial deed is the fact on May 21, 2018, and the agreement rate prior to the due date is 9.9% per annum as seen earlier. Thus, the Plaintiff does not accept the claim for interest on the lending period prior to the lending date and the claim for delay damages for the period from the lending date to the due date prior to the due date.

2. As to the claim against Defendant C, the Plaintiff claimed payment of the above loans against Defendant B jointly and severally against Defendant C, who is a partner of Defendant B. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C jointly and severally guaranteed the obligation to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

In addition, this part of the claim is extended by Defendant B between the Plaintiff and Defendant C.

arrow