logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.12.07 2017나55490
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. From October 2013, Plaintiff 1) heard the phrase “I will lend KRW 20 million to Defendant for three months,” and lent KRW 20 million on October 23, 2013. Upon the Defendant’s request for a loan, the Plaintiff borrowed KRW 20 million from IBK Capital on April 12, 2013, and was designated by the Defendant (hereinafter “C”) on April 15, 2013.

(2) Around October 2013, the Defendant transferred money to the Busan Bank’s account. Around October 2013, the interest rate of IBK Capital is high, and thus, the Defendant received low interest rates from the IBK loan and asked to borrow money again, and on October 15, 2013, remitted KRW 18.4 million to the Plaintiff on October 15, 2013. On October 23, 2013, the Plaintiff repaid IBK Capital loan from the New Bank to the Defendant’s new bank account, and transferred KRW 20 million to the Defendant’s new bank account upon the Defendant’s request for additional loan. (2) Upon the Defendant’s request for additional loan, the Plaintiff wired KRW 5 million to the Defendant’s new bank account on December 3, 2013, and KRW 2 million to D’s Busan Bank account.

3) As the Defendant, on March 8, 2014, remitted KRW 2 million to the Plaintiff, and ordered E to pay KRW 6 million in total, the Defendant paid KRW 19 million (= KRW 20 million - KRW 5 million - KRW 8 million following the last lease) and sought payment of interest and delay damages after December 4, 2013, which is the following day of the last lease. (b) Defendant 1 lent KRW 184 million to the Plaintiff on October 15, 2013, but the Plaintiff transferred KRW 20 million to the Plaintiff on October 23, 2013.

On April 15, 2013, the Plaintiff loaned KRW 20 million to F, who operated C on April 15, 2013, with the money loaned from IBK Capital, and on October 15, 2013, the Plaintiff repaid the said loan with money borrowed from the Defendant on October 15, 2013, and repaid the amount KRW 20 million again from the new bank with low interest rate.

2 With respect to 7 million won on December 3, 2013, D as Fians.

arrow