logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.12.02 2020가단1105
대여금반환
Text

1. The Defendant: (a) KRW 90,000,000 and as to the Plaintiff, KRW 25% per annum from January 25, 2010 to February 20, 2010; and (b) February 21, 2010.

Reasons

If the authenticity of a disposal document is recognized, unless it is recognized that there was an express or implied agreement different from the contents written therein by a reflective document, the court shall recognize the existence and content of the expression of intent in accordance with the content of the document, and shall not reject it without any reasonable explanation (see, e.g., Supreme Court Decision 97Da1013, Jan. 21, 2000). According to the overall purport of the entries and arguments of evidence No. 1 (a copy of a notarial deed), which is a disposal document prepared between the Plaintiff and the Defendant, as a whole, by determining the amount of KRW 91 million to C on January 25, 2010 until February 20, 200, with interest rate of KRW 25% per annum, and delay damages rate of KRW 30% per annum, and the Defendant may recognize the fact that the Defendant jointly and severally guaranteed the above loan obligation to the Plaintiff on the same day, and there is no other evidence supporting the recognition otherwise.

According to the above facts, the defendant, as a joint and several surety of the above company, is obligated to pay to the plaintiff the interest calculated by the rate of 25% per annum from January 25, 2010, which is the loan date, to February 20, 2010, which is the interest rate of 91 million won and 25% per annum from February 20, 2010, which is the due date and the next day of the due date for repayment (within the scope of the above highest interest rate where the interest rate exceeds the maximum interest rate prescribed by the Interest Limitation Act) of the agreed interest rate per annum from February 21, 2010 to

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow