logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.04.29 2013가단216585
대여금
Text

1. The Defendant’s KRW 85,00,000 and the Plaintiff’s annual rate of KRW 5% from May 17, 2013 to September 16, 2013.

Reasons

1. Basic facts

A. On the premise of marriage, the Plaintiff invested shares of KRW 16 million around June 2009, but suffered damage in full due to the Defendant’s solicitation that he/she could obtain high profit while teaching with the Defendant, who is an attorney-at-law, as a premise of marriage.

B. Accordingly, the Defendant agreed to the Plaintiff to preserve the full amount of the Plaintiff’s investment principal, and pursuant to the agreement, the Plaintiff and the Defendant drafted the following agreement (hereinafter “instant agreement”) on January 26, 201.

- A (Plaintiff) transferred to B (Defendant) KRW 116 million in relation to the investment of stocks on June 2009.

- As stock investment results in loss, Eul agreed to guarantee the full amount of the principal that it transferred to Gap by Gap.

- However, for the equitable burden of the above stock investment loss, the redemption of principal shall be due and payable within the maximum of 10 years from the date of this Agreement and shall be mutually agreed that B shall be repaid in good faith as much as possible from the date of this Agreement.

- Eul has repaid 17 million won to Gap, so it is confirmed that the remaining amount is KRW 99 million.

C. After that, until May 2013, the Defendant paid the Plaintiff KRW 14 million out of the amount of KRW 99 million as stipulated in the instant agreement (hereinafter “instant agreement”).

Examining the specific details, 201 paid a total of KRW 9 million on five occasions in 201, but in 2012

2.2. The payment of KRW 3 million is entirely made in the year 2013.

2. The payment of KRW 20 million is in full.

(D) On May 14, 2013, the Plaintiff sought the payment of the remainder of KRW 85 million unpaid out of the instant agreed amount (i.e., KRW 99 million - KRW 14 million) to the Defendant on May 14, 2013 (hereinafter “instant notification”).

A) The notice of this case reached the Defendant on the 15th of the same month. 【The ground for recognition】 the fact that there is no dispute, Gap 1 or 4 (if there is a serial number, the statement including a serial number), the purport of the entire pleadings.

2. The parties' arguments.

arrow