logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.11.30 2015가단37316
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,199,710 and KRW 50,000 among them, 20% per annum from August 21, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 26, 2010, the Plaintiff leased KRW 50 million to C under the Defendant’s joint and several sureties, with the interest rate of KRW 2.5% per month and three years after the due date.

B. As C did not pay interest from April 26, 2010, the Plaintiff filed an application for a voluntary auction on the real estate located in Young-si, which was acquired as security for the loan, and received a dividend of KRW 60,649,605 from the above auction procedure on August 21, 2014.

[Ground for recognition] Gap evidence No. 1 (the defendant's name is based on the defendant's seal imprint), and the authenticity of the entire document is presumed to have been established as a whole because there is no dispute between the parties that the following seal imprint is due to the defendant's seal imprint. The defendant asserts that the defendant's wife C or the defendant's spouse had affixed the defendant's seal imprint at his own discretion

2. According to the facts found above, the defendant is obligated to pay to the plaintiff 54,19,710 won with interest accrued from April 26, 2010 to August 20, 2014 (=64,849,315 won (=60 million won x 30% x 1,578/365) plus 54,649,710 won with interest accrued from April 26, 2010 to August 20, 2014 and delay damages calculated at the rate of 20% per annum that the plaintiff seeks from August 21, 2014).

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

arrow