logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2016.12.09 2016가단3085
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from April 12, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 25, 2015, the Defendant issued and delivered a loan certificate stating that “the Defendant borrowed KRW 60,000,000 from the Plaintiff” to the Plaintiff.

The amount of KRW 30,00,000 out of the above amount of KRW 60,00,000 shall be the amount borrowed from the Plaintiff on May 11, 2015. The payment shall be made by December 31, 2015 to the account number D of the Plaintiff’s agent, including interest on financial rights as of the due date, until December 31, 2015. The payment shall be made from September 26, 2015 to the 30,000,000 as of January 30, 206 to the 30th of each month from January 30, 2016 to the 30th of each month, and the 30,000,000 won shall be paid in installments, and the 30,000,000,000 shall be made in a notarial deed to be mutually and firmly established (Provided, That the Plaintiff’s obligee’s agent shall be entitled to the Defendant C: the Defendant’s obligee.

B. On September 26, 2015, the Plaintiff issued and delivered the above loan certificate and demanded the Defendant to prepare and deliver a notarial deed, and the Defendant issued and delivered the same loan certificate as indicated below (hereinafter referred to as “the instant loan certificate”) to C, who is the Plaintiff and the Plaintiff’s agent, as the following:

C. Meanwhile, the Defendant did not pay to the Plaintiff the Plaintiff after the instant loan certificate was drawn up.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 60,000,000 as well as damages for delay calculated at the rate of 15% per annum as stipulated by the Special Act on the Promotion, etc. of Legal Proceedings from April 12, 2016 to the day of full payment, following the delivery of the instant payment order, according to the statement on the loan certificate of this case.

3. Judgment on the defendant's assertion

A. The plaintiff cannot respond to the plaintiff's request due to the following reasons.

1 The defendant, on September 25, 2015, was assaulted by the plaintiff and the plaintiff's son C on September 25, 2015.

arrow