(영문) 서울남부지방법원 2017.04.06 2016가단40808

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) 서울남부지방법원 2017.04.06 2016가단40808

대여금

Text

1. The Defendant shall pay KRW 20 million to the Plaintiff at the rate of 24% per annum from April 9, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1, 2, 3, and 4 as to the Plaintiff’s assertion, the Plaintiff and the Defendant may recognize the fact that on December 9, 2015, the Plaintiff and the Defendant lent KRW 200 million to the Defendant, but the interest rate shall be KRW 24 million per annum, and KRW 4 million per month shall be deposited in the company bank account (B) in the name of the Plaintiff in the name of the Plaintiff and KRW 4 million per month. Although the due date has not been fixed, the Plaintiff entered into a monetary loan agreement with the intent to designate and notify the repayment date 30 days prior to the payment date. The Plaintiff remitted KRW 200 million to the account in the name of the Defendant designated by the Defendant (hereinafter “instant loan”), and on June 13, 2016, the Plaintiff notified the Defendant of the payment of the instant loan and interest by July 13, 2016.

According to the above facts of recognition, the defendant is obligated to pay the loan of this case and the agreed interest thereon or delay damages to the plaintiff.

2. Determination on the Defendant’s assertion

A. The Defendant alleged that he paid interest for a period of four months, and according to the statement in the evidence No. B No. 2, the Defendant’s name as interest in the above corporate bank account in the Plaintiff’s name, and the same year.

2. 11.4 million won, and the same year.

3. 10.4 million won, and the same year.

4. 26.4 million won may be recognized to have been paid in each of them.

This part of the defendant's argument is justified.

B. The defendant asserts that D who represented the plaintiff again agreed to repay the principal of the loan of this case in installments only to the defendant and to exempt him from interest. However, it is insufficient to recognize it only with the descriptions of No. 6, No. 7-1, No. 7-2, and No. 8, and there is no other obvious evidence to acknowledge it otherwise.

This part of the defendant's argument is without merit.

3. According to the conclusion, the Defendant is 24% per annum from April 10, 2016 (the interest was paid for four months from December 10, 2015 to April 9, 2016), which is a natural body, to the Plaintiff.

유사 판례

-서울고등법원 2021.04.01 2020나2030147

-광주지방법원 2015.01.30 2014가합4851

-서울동부지방법원 2020.05.15 2019가단2309

-서울중앙지방법원 2014.09.19 2013고정6574

-서울북부지방법원 2015.11.20 2015고단3107