logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울북부지방법원 2016.06.23 2015가단22783
대여금등
Text

1. The Defendant shall pay the Plaintiffs KRW 95,350,00 and the interest rate of KRW 15% per annum from July 2, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 24, 2009, Plaintiff A, the husband of Plaintiff B, and the father of Plaintiff B, invested KRW 50 million in E, a corporation, the representative director of which was the Defendant. At the time, the said investment principal was returned on September 23, 2010, and the said investment principal was paid KRW 1,162,450 per month separately from the said investment principal.

B. However, Co., Ltd. failed to refund the said investment amount to D by the date of the said promise, and the Defendant, on January 17, 2012, prepared a loan certificate stating that “the Defendant shall pay the Plaintiffs KRW 100 million up to December 31, 2013” (hereinafter “the instant loan certificate”) and issued it to the Plaintiffs.

C. After December 2, 2013, the Plaintiffs received a total of KRW 4.65 million from the Defendant from around December 2, 2013 to February 27, 2015.

On the other hand, the defendant filed an application for commencement of individual rehabilitation procedures with the court, and the list of individual rehabilitation creditors submitted by the defendant stated that the plaintiffs' claims against the defendant relating to the above investment amount are KRW 50 million each.

(A) The individual rehabilitation procedure against the defendant is not yet commenced (which seems to be a ground for recognition). [The fact that there is no dispute, Gap evidence 1 through 4, Eul evidence 1-1 to 14, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiffs KRW 9,5350,000 (i.e., KRW 100,000 according to the loan certificate of this case - KRW 4.65,00 which the Defendant repaid to the Plaintiffs) and damages for delay calculated at the rate of 15% per annum from July 2, 2015 to the day of full payment, which is the day following the day of service of a copy of the complaint of this case.

B. As to the judgment on the Defendant’s assertion, the Defendant’s amount actually received from D is limited to KRW 48,04,520, and KRW 100,000,000 as stated in the loan certificate of this case was erroneously stated by the Defendant under the influence of alcohol, the said loan certificate is invalid.

arrow