logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.01.14 2020나2233
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The facts that the Plaintiff leased KRW 6,600,000 to the Defendant on July 24, 200 on September 15, 2000 due date for reimbursement of KRW 6,600,00 to the Defendant (hereinafter “instant loan”) are either under dispute between the parties or may be recognized by the statement of evidence No. 1. 1. Thus, barring any special circumstance, the Defendant is liable to pay to the Plaintiff KRW 6,600,000 and delayed damages.

2. As to the judgment on the defendant's defense of repayment, the defendant paid a total of KRW 6,00,000 to the plaintiff, the remaining loan is claimed to be KRW 600,000. Thus, considering the whole purport of the argument in the statement in Nos. 1 through 3, it is recognized that the defendant remitted a total of KRW 6,00,000 (hereinafter "the repayment of this case") to the plaintiff as shown in the attached Table 1 as the repayment of the loan of this case in full view of the whole purport of the argument in No. 1 through No. 3.

However, with regard to its change of objection, there was an agreement between the Plaintiff and the Defendant to preferentially cover the principal of the instant loan.

Since there is no evidence to see, the amount of repayment in this case must be appropriated in the order of delayed damages, interest, and originals pursuant to Article 479 of the Civil Code.

Accordingly, as shown in the attached Table 2, ① delayed damages calculated at the rate of 5% per annum under the Civil Act accrued from September 16, 200, the date following the maturity date of the instant loan from September 16, 200, ② When the instant loan is appropriated in the order of KRW 20,000 as of February 21, 2020, the final repayment date, the principal of the instant loan was 6,60,000 won, and the amount of delayed damages until that date was 413,228 won.

Therefore, the defendant's defense of the repayment of this case, which is based on the premise that the repayment of this case was fully or partially appropriated for the principal of the loan of this case (in other words, the repayment of this case was appropriated for the total amount of delayed loss).

3. According to the conclusion, the Defendant’s principal amounting to KRW 6,600,000 and this shall apply to the Plaintiff.

arrow