(영문) 전주지방법원 2016.01.06 2014나11560

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) 전주지방법원 2016.01.06 2014나11560

대여금

Text

1. The appeal by the defendant C shall be dismissed;

2. The Defendant (Counterclaim Plaintiff)’s appeal is dismissed.

3. The appeal costs.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendants as to the principal claim against the Plaintiff, and Defendant B filed a counterclaim as to the invalidity of a monetary loan agreement. The first instance court accepted the principal claim and rejected the counterclaim.

In this regard, the Defendants filed an appeal only for the part of the main claim, which is subject to the judgment of this court is limited to the part of the Plaintiff’s main claim.

2. We examine ex officio the legitimacy of appeal filed under the name of Defendant C, as to the determination on the appeal by Defendant C.

With respect to this part of the appeal, the defendant B stated that he filed an appeal under the name of the defendant C without contact with the defendant C, who is his own partner. Thus, this part of the appeal is unlawful since it was filed by the defendant B, not by the defendant C himself, but by the defendant B without the power of attorney.

I would like to say.

3. Determination on the plaintiff's claim

A. The facts of recognition 1) Defendant B borrowed KRW 30,00,000 from the Plaintiff on June 23, 2004 from the Plaintiff on December 20, 2004 by a notary public who borrowed KRW 30,000 from the Plaintiff on December 20, 2004 at KRW 2% per annum, and damages for delay at KRW 36% per annum from the law firm General Law Office No. 2583 (hereinafter “notarial deed 1 of this case”).

2) On October 2, 2004 and February 11, 2005, the Plaintiff and Defendant B drafted a notarial deed with the following contents:

No. 3847 of deed 2004, a notary public of law office 2004: A limited liability company E (hereinafter referred to as "E") approves the plaintiff that the debt owed to the plaintiff on May 20, 2004 is KRW 150,000,000,000 and decides to repay that debt owed to the plaintiff until August 31, 2004. If E fails to perform the above debt owed to the above loan, he/she shall immediately accept that there is no objection.

No. 428 of the 2005 deed by a notary public shall be dated January 25, 2004 for the plaintiff.

유사 판례

-전주지방법원 2014.10.23 2014가단14216

-전주지방법원남원지원 2015.09.16 2015가단1667

-전주지방법원군산지원 2017.11.21 2017가단54706

-광주지방법원 2020.02.13 2018가합54632

-전주지방법원 2018.08.23 2017가단18622