logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.05.30 2017가단23020
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 58,750,00 and interest rate of KRW 15% per annum from September 30, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants are their own, simplified, and D are the children of Defendant C.

B. The Plaintiff deposited 4.65 million won in the bank account in the name of D (Korea Bank E, NonghyupF, and G), 4.3 million won in December 8, 2016, 9 million won in January 3, 2017, 4.3 million won in February 5, 2017, 10 million won in March 7, 2017, 2.9 million won in March 20, 2017, 2.9 million won in March 20, 2017, 5 million won in April 5, 2017, 4.5 million won in April 17, 2017, and 9 million won in May 2, 2017.

C. From October 28, 2016 to June 23, 2017, Defendant B borrowed 68.5 million won in total, including the amount of remittance certificate and 6 million won deposited on December 26, 2016 and 3.3 million won, and among them, 25 million won in total is Defendant C’s obligation and Defendant B is entirely liable.

“A” written a loan certificate (No. 1) and delivered it to the Plaintiff.

The Plaintiff filed a separate lawsuit on the aggregate of KRW 3 million lent to October 28, 2016, KRW 2.4 million lent to the Plaintiff on October 29, 2016, KRW 4.5 million lent to the Plaintiff on October 29, 2016, and KRW 4.9 million lent to the Plaintiff on June 23, 2017.

(Case of Loans to Jeonju District Court 2017Gaso51234). [Ground of Recognition] A, entry of evidence Nos. 1, 3 through 12, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the amount borrowed by Defendant C and the party who agreed to be liable for the amount borrowed by Defendant C, 5,8750,000 won remaining after subtracting 9.9 million won separately filed by the Plaintiff from the above 686,550,000 won, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 30, 2017 to the date of full payment, which is the day following the day when the duplicate of the complaint in this case was served on Defendant B. ② Defendant C is jointly with Defendant B who agreed to be liable for the amount borrowed by Defendant C as the debtor, and as to this, the existence or scope of the obligation to perform from September 30, 2017, which is the day following the day when the duplicate of the complaint in this case was served on Defendant C.

arrow