(영문) 창원지방법원 2015.06.24 2014가단80276

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.06.24 2014가단80276

대여금

Text

1. Defendant B’s KRW 25,00,000 as well as annual 7.5% from September 16, 2014 to June 24, 2015 to the Plaintiff.

Reasons

1. On December 14, 2009 at the Plaintiff’s request, the Plaintiff asserted that the Plaintiff lent KRW 25 million to Defendant B and Defendant C, a partner of Defendant B and Defendant B, at an annual interest rate of 7.5.5%. Since September 16, 2014, the Plaintiff did not pay interest.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 25 million and damages for delay.

2. The facts that the copy of the complaint of this case was served on September 29, 2014 by the Plaintiff’s declaration of intent to demand the performance of the above loan claim against Defendant B without setting the due date for the determination as to the claim against Defendant B are apparent in the record. Defendant B does not dispute the existence and scope of the Plaintiff’s loan claim against Defendant B.

Therefore, Defendant B is obligated to pay to the Plaintiff delay damages calculated at the rate of 7.5% per annum, which is the agreement rate, from September 16, 2014 to June 24, 2015, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the Plaintiff, from September 16, 2014 to September 24, 2015.

3. It is recognized that the payment of interest on the loan transaction and part of interest between the Plaintiff and the Defendant B with respect to the claim against the Defendant C was made through the passbook of the Defendant C.

However, in light of the fact that the majority of the above loan transactions and the passbook to which some interest was paid is the monetary transaction details with the Gyeongnam Disabled Persons Association, an incorporated association with which Defendant B worked, it seems that Defendant B used the passbook in the name of Defendant C. Thus, the above fact of recognition alone alone lent the above loan to Defendant C.

It is difficult to recognize that Defendant C agreed to pay the above loan jointly with Defendant B.

Therefore, the plaintiff's claim against the defendant C is without merit.

4. The plaintiff's claim against the defendant B is justified.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-창원지방법원 진주지원 2021.01.19 2020가단34932

-수원지방법원 2016.10.25 2016가단27203

-대전지방법원천안지원 2016.12.02 2016가합100372

-전주지방법원정읍지원 2014.11.20 2014가단2127

-서울중앙지방법원 2020.11.27 2019가단5316314