logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.22 2014가합8145
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 15, 2012, the Plaintiff was issued and delivered a loan certificate stating that “the principal is KRW 530,000,000,000, and October 31, 2012,” from the Defendant.

B. On August 13, 2013, the Plaintiff, reflecting the money additionally loaned to the Defendant on the above loan, was issued and delivered by the Defendant a certificate of borrowing, “The principal of which is KRW 650,000,000,000 and the due date of payment for the interest of August 13, 2016.”

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff lent KRW 520,000,000 to the Defendant on April 29, 2012, and KRW 250,000,000 on May 7, 2012, and KRW 20,000,000 on June 20, 2012. The Defendant, on October 15, 2012, reflected interest of KRW 10,000,00 on the loan principal, based on the loan principal’s interest of KRW 530,00,000,00 on October 31, 2012, based on the loan principal’s loan principal’s interest of KRW 10,00,000,00 on October 15, 2012.

1.(a)

Around March 2013, the Plaintiff additionally lent KRW 180,000,000 to the Defendant and received KRW 50,000,000 around the end of March 2013, and the Defendant paid KRW 10,000,000 to the Plaintiff on August 13, 2013 after deducting interest of KRW 10,00,000 which was promised on the loan certificate as of October 15, 2012, the Plaintiff additionally borrowed KRW 130,00,000 (= KRW 180,000,000 - KRW 50,000,000).

1.(b)

When preparing and delivering the loan certificate as stated in the port, the unilaterally stated the repayment date on August 13, 2016. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of KRW 660,000,000 (i.e., KRW 530,000 according to the loan certificate as of October 31, 2012) and the additional loan of KRW 130,000,000 and the delay damages therefrom.

B. If the objective meaning of the language and text is clear, in cases where the parties to a judgment prepare in writing a certain contract as a disposal document, barring special circumstances, the existence and content of the declaration of intent should be recognized, and in particular, it may seriously affect a legal relationship between the parties by interpreting differently from the objective meaning of the text.

arrow