logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.11.27 2019나786
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On March 23, 2018, the Plaintiff entered into an agreement with the Defendant on the grounds of claim that the Plaintiff would lose the benefit of time and pay the remainder immediately (hereinafter referred to as “the instant loan agreement”) with the Defendant on December 31, 2018, setting the due date for repayment of KRW 22 million to the Defendant on December 31, 2018 without any interest agreement. The method of repayment shall be determined to fully repay the remainder of loans until June 2018, 2018, KRW 5 million until September 2018, and December 2018. If the Defendant violated the foregoing agreement, the Defendant would have to lose the benefit of time and immediately pay the remainder in full (hereinafter referred to as “the instant loan agreement”). The fact that the Defendant paid only one million won among three million won loans that the Plaintiff would have to pay to the Plaintiff under the instant loan agreement on June 2018 does not conflict between the parties, or that it may be acknowledged by the purport of the entire statement and pleading as set forth in subparagraph 1.

According to the above facts, since the Defendant was unable to pay 2 million won, which was to be paid by the Defendant until June 2018, thereby losing the benefit of the remaining loan, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff delay damages calculated at the ratio of Article 2 (1) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768) to the date following November 2, 2018, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment, as requested by the Plaintiff.

2. Judgment on the defendant's assertion

A. The part of the Plaintiff’s assertion that the Plaintiff is not the Plaintiff is the Plaintiff’s wife and the Defendant asserted that the Plaintiff borrowed a loan from the Plaintiff’s wife and that the loan did not exist, so long as the establishment of a disposal document is authentic, the court is clear and acceptable to deny the content of the disposal document.

arrow