logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.11 2016나11469
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Determination as to the claim for return of a loan made on May 15, 2013

A. Comprehensively taking account of the overall purport of the statements and arguments by Gap's evidence Nos. 1, 2, 5, 6, and 10 as to the cause of the claim, the plaintiff is the spouse of the defendant's representative director, Eul is his/her father, Eul needs to transfer money to Eul who is the defendant's creditor, around May 15, 2013, and Eul requested the plaintiff to transfer KRW 6,00,000 to Eul's account under the premise that he/she borrows money to Eul who is his/her father (the age of 1982 at the time as 30 years of age).

5. The 16.16. F and G remitted each of KRW 2,00,00,000 to F, and KRW 4,000,000; and 6,000,000 to the Defendant on April 14, 2016; and 6,000,000 to the Plaintiff on the same year

4. 19. Recognition of the fact that the assignment of claims has been notified to the Defendant

According to the above facts, the defendant borrowed KRW 6,000,000 from D on May 15, 2013, and it is reasonable to view that the plaintiff acquired the loan claim against the defendant from D.

On the other hand, the borrower of a loan for consumption whose maturity has not been determined shall be liable for delay from the date following the due date of receipt of the peremptory notice (see Article 603(2) of the Civil Act). The Plaintiff notified the Defendant of the return of the above KRW 6,00,000 with the content certification on September 4, 2015. As such, the Defendant is obliged to pay the Plaintiff damages for delay from November 26, 2015, on the record that it is obvious that the delivery date of the copy of the complaint of this case is the day following the delivery date of the copy of the complaint of this case.

B. As to the defendant's assertion and judgment, the defendant alleged that the above 5,000,000 won was personally borrowed by C, a shareholder of 100% of the defendant, but the defendant's creditor E.

arrow