logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.07.03 2017가단255459
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 39,100,000 and the interest rate of KRW 15% per annum from January 22, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff remitted the total of KRW 65,000,000 to Defendant B as follows:

KRW 15,00,000,000 on March 4, 2016; KRW 20,000 on March 23, 2016; and KRW 15,000,00 on July 5, 2016;

B. The Plaintiff, the debtor, Defendant B, and the borrower amounting to KRW 65,00,00,00 and the due date for payment are February 29, 2017; and there is a certificate of borrowed money (Evidence A No. 3) issued on July 25, 2016 as of the date of preparation.

C. A creditor has a certificate of borrowed money (Evidence A No. 4) issued on February 29, 2017 by the Plaintiff, the debtor, Defendant C, the borrowed amount of KRW 65,00,000, and the due date for payment on July 25, 2016.

C. The loan certificate mentioned in paragraph (1) was drawn up by the defendant, not the defendant C, but the defendant's mother-friendly D.

E. On December 26, 2016, Defendant B transferred KRW 14,900,000 to the Plaintiff using the account in the name of E, one’s father’s father-child.

F. The mother-child of Defendant C remitted total of KRW 6,00,000 from March 31, 2017 to October 1, 2017. The Plaintiff was paid KRW 5,00,000 from Defendant C.

[Reasons for Recognition: Facts without dispute (including the fact that the plaintiff is the applicant), entries in Gap evidence 1 through 6, witness D's partial testimony, the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion lent a total of KRW 65,00,000 to the Defendants. The Defendants recognized the loan obligations with the intent of each of the lending instruments. The Plaintiff received reimbursement of KRW 25,900,000 among them.

Therefore, the Defendants are jointly and severally liable to pay the remainder of loans 39,100,000 won and damages for delay to the Plaintiff.

B. A summary of Defendant B’s assertion 1) The loan certificate (Evidence A No. 3) written by Defendant B is invalid as it was written by the Plaintiff’s assault and intimidation. (2) Defendant B’s loan from the Plaintiff is merely KRW 15,00,000, and the remainder KRW 50,000,000 is that D borrowed money from the Plaintiff.

However, Defendant B paid all of KRW 15,000,000 to the Plaintiff.

Therefore, the plaintiff's claim against the defendant B should be dismissed.

(c).

arrow