(영문) 광주지방법원순천지원 2016.06.29 2014가단23168

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) 광주지방법원순천지원 2016.06.29 2014가단23168

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On December 28, 2001, the Plaintiff, which previously lent money to the deceased H (hereinafter “the deceased”), agreed to additionally lend KRW 893,000,000 to the deceased, set the total amount of loans to the deceased as KRW 113,00,000,000, and the interest rate thereon was 12% per annum and the due date was 27 December 2004.

B. The Deceased agreed to purchase 100,319 shares of the Plaintiff Company I (hereinafter “I”) with the above borrowed money, and 70,000 shares out of them shall be purchased in the name of the Plaintiff, and thereafter, the Deceased agreed to return 70,000 shares of the shares purchased in the name of the Plaintiff when the Deceased repaid the above borrowed money to the Plaintiff.

C. However, in 2005, the deceased would repay the above borrowed money, and the Plaintiff returned to the deceased all of 70 million shares of the above 70 million shares, but the deceased paid only KRW 350 million out of the above borrowed money to the Plaintiff.

Therefore, the Deceased is obligated to pay the remainder of KRW 780 million to the Plaintiff (i.e., KRW 1130 million - KRW 350 million). Since the Deceased died before the instant lawsuit was filed, the Deceased is obligated to pay the remainder of the borrowed money and damages for delay in proportion to his respective inheritance shares. As part of the Plaintiff’s claim, the Deceased is obligated to pay the remainder of the borrowed money and damages for delay to the Defendants. As such, only KRW 100 million out of the remainder of the borrowed money is claimed against the Defendants.

2. Determination:

A. According to the records of Gaba and Gap evidence, it is recognized that the agreement between the plaintiff and the deceased on December 28, 2001 (hereinafter "the agreement of this case") was made out as follows.

Party A (i) (i.e., the Plaintiff) borrowed 1.13 billion won as of December 28, 2001 to Party B (i.e., the Plaintiff) and the interest rate shall be 12% per annum, and the due date shall be December 27, 2004.

However, Gap borrowed the above KRW 110 million from Eul and used to purchase 100,319 shares of I Co., Ltd.

The 70,000 shares purchased shall be held by Section B, but the above loan shall be made by Section B.

유사 판례

-광주지방법원 2017.08.16 2016나54908

-서울남부지방법원 2016.04.05 2015가단225664

-수원지방법원 2017.01.12 2015가합67607

-창원지방법원통영지원 2020.04.23 2018가합11448

-창원지방법원진주지원 2017.12.07 2016가합12017