logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.11.28 2019가단3253
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On November 20, 2017, the Plaintiff: (a) lent KRW 70,000,000 to the Defendant on May 19, 2018; and (b) paid KRW 33,000,000 among the Defendant, the Plaintiff asserts that the Defendant is obligated to pay the remainder of the loans to the Plaintiff as well as damages for delay.

The plaintiff's loan of KRW 70,00,000 to the defendant as alleged in the plaintiff's assertion is without dispute between the parties, and the plaintiff is a person who has been paid KRW 33,00,000 out of the above loan by the defendant. Thus, barring any special circumstance, the defendant is liable to pay the remaining loan of KRW 37,00,000 and delay damages to the plaintiff.

As to this, the defendant asserts that the plaintiff fully repaid the principal and interest of the remaining loans. Since the plaintiff is deemed to have led to the confession of the defendant's defense under Article 150 (3) of the Civil Procedure Act, the defendant's defense is justified, and the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow