logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.03.29 2018나59549
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The plaintiff's assertion

A. On January 3, 2013, the Plaintiff loaned KRW 45 million to the Defendant’s Defendant’s Defendant’s Defendant’s father, the Defendant’s father, KRW 40 million out of the said money. The Plaintiff loaned KRW 40 million to the Defendant’s Intervenor, who was the Defendant’s father of the apartment.

B. Since then, the Plaintiff urged the Defendant to repay the borrowed amount several times, and the Defendant’s Intervenor demanded that the Plaintiff extend the repayment period of one to two months on March 2015, that “if the Defendant provided the land owned by the Defendant as security and the Defendant is unable to repay the borrowed amount within the extended repayment period, the Defendant will pay the borrowed amount instead of the Defendant.”

C. On March 2015, the Plaintiff agreed to accept the above request of the Intervenor, and accordingly, it concluded an agreement with the Defendant and the Intervenor that “The total amount of the principal and interest on the loan owed by the Defendant and the Intervenor shall be settled as KRW 50 million, and the land owned by the Defendant shall be provided as security. The Defendant shall accept the above loan owed by the Intervenor, or as a joint and several surety.”

(hereinafter “Agreement on Assumption of Obligation”). D.

On March 5, 2015, the Defendant completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 50 million against the land J in Gwangju-si (hereinafter “instant land”) owned by the Defendant on March 5, 2015, pursuant to the assumption of the obligation agreement of this case.

E. On December 9, 2016, the Defendant repaid the principal and interest of the loan to the Plaintiff KRW 20 million.

F. Therefore, as a joint and several surety, the Defendant is obligated to pay to the Plaintiff the principal and interest on the outstanding loan amounting to KRW 30 million (i.e., the principal and interest on the debt amounting to KRW 50 million - the repayment amount to KRW 20 million) and delay damages.

2. Determination

A. We examine the following facts in full view of the contents of Gap evidence 1, 2-1, 2-2, Eul evidence 1, 2, and 4, and the purport of the entire pleadings.

arrow