logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.19 2016나2047629
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Loan 1 of July 27, 2007) The Plaintiff loaned the amount of USD 100,000 to the Defendant on July 27, 2007 at 18% per annum (1.5% per month welfare) and for seven months due (hereinafter “the first loan”).

(2) The Plaintiff and the Defendant operated the “E” company in partnership, and the Plaintiff and the Defendant agreed that the Plaintiff and the Defendant paid 7,728.40 U.S. dollars for the first loan of this case from July 27, 2007 to December 31, 2007.

3) On October 14, 2008, the Defendant paid USD 30,000 to the Plaintiff as the repayment of the instant first loan. (b) On September 23, 2008, the Plaintiff and the Defendant, as of September 23, 2008, concluded the partnership relationship with “E” on September 23, 2008, and the Defendant’s settlement amount was 21,453.19 (hereinafter “the instant settlement amount”).

(c) The Plaintiff, on January 18, 2012, agreed to pay the amount of USD 50,000 to the Defendant on January 18, 2012 (hereinafter “instant secondary loan”).

On May 2, 2013, the Plaintiff urged the Defendant to pay USD 50,000 for the instant secondary loans. [In the absence of dispute over the grounds for recognition, the entries in Gap’s 1, 2, and 3, Gap’s 4-1, 2, Gap’s 4-2, Gap’s 9-1 through 5, Gap’s 10-1, 11, 12, and Gap’s 14-1, as a whole, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, USD 30,00 paid by the defendant on October 14, 2008 shall be used for the loan of this case 14,339 US dollars 10,000 for nine months from January 1, 2008 to October 14, 2008 x (10.015 - - 1) x 15,61 US$ 15,61 ( US$ 30,00 - US$ 14,339) for the loan of this case as the plaintiff seeks. The loan of this case shall be used for the loan of this case 14,339 US dollars - 15,61 US dollars 15,61 ( US$ 30,00 - US$ 14,339) and the loan of this case 1 shall be used for the loan of this case 84,339,000 US dollars 10.

arrow