logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.14 2019나59684
금전지급청구
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts of the claim (1) The plaintiff lent money to the defendant from around 2005 to the defendant several times, and the defendant has partially repaid the money.

(2) On August 7, 2013, the Plaintiff arranged the principal and interest of the loan up to the time, and demanded the Defendant to repay the principal amount of KRW 88 million. Accordingly, the Defendant issued a promissory note of KRW 43 million at each face value, KRW 25 million, and KRW 20 million at each of the instant notes (hereinafter “each of the instant notes”) and delivered them to the Plaintiff. The Defendant stated that the back of each of the said notes of KRW 43 million at each of the above face value is “to pay each of the instant notes every month,” and written “to pay each of the above face value of KRW 25 million and KRW 20 million at each of the back of each of the said notes as “to pay interest and principal each of the instant notes each of KRW 25 million at each of the above face value.”

(3) From September 17, 2013 to January 30, 2018, the Defendant paid a total of KRW 4 million to the Plaintiff on 15 occasions, from September 17, 2013 to January 30, 2018.

(4) The above facts do not conflict between the parties, or are acknowledged by Gap evidence 1-1-2, 3, and 2-1-9, Gap evidence 4, and Eul evidence 1-2, and the purport of the whole pleadings, and there is no evidence that interferes with this.

2. Determination on the principal lawsuit and the counterclaim claim

A. In full view of the above facts, the Defendant issued and delivered each of the instant bills to the Plaintiff on August 7, 2013, and agreed to pay the Plaintiff the amount equivalent to the face value of the instant bills to the sum of the principal and interest accrued therefrom up to the time (hereinafter “instant agreement”). Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount calculated by deducting the said KRW 88 million from the amount of KRW 88 million to the person who received repayment from the Defendant as a part of the principal and interest accrued therefrom, barring any special circumstance.

(2) The defendant shall issue and deliver each of the bills of this case, contrary to the above recognition.

arrow