logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.04.17 2018가단11289
대여금반환
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. The defendant is a company that carries on the chartered passenger transport business.

B. The Defendant prepared twice the loan certificate as follows to the Plaintiff.

The amount of cash custody (for rent) increase: 20,000,000 won due on May 31, 2009: there shall be no interest for the payment of KRW 20,000,000 until May 31, 2009; and if the payment is made by May 31, 2009, interest for 25% per annum from February 16, 2009 to the full payment is made.

Amount of cash storage (for next time) on February 16, 200: 46,00,000 won (ten million won on November 12, 2009, ten million won on November 12, 2009, ten million won on September 20, 201, ten million won on September 20, 201, and six million won on September 28, 201): Matters stipulated in the special agreement on October 31, 201: It shall be deemed that no interest has been paid at the time of repayment of KRW 46,00,000,000 until October 31, 201, and if no interest has been paid until October 31, 2011.

9. Until May 31, 2009, interest of 25% per annum shall be paid from February 16, 2009 to the full payment.

September 28, 2011

The Plaintiff, as of November 12, 2009, remitted the Defendant’s representative director C’s account to KRW 13 million, KRW 17 million on November 2009, KRW 17 million on November 20, 2009, and KRW 6 million on September 28, 201.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 7-1 and 7-2, the result of appraiser D's stamp image appraisal, the purport of the whole pleadings

2. In a case where a judgment on the cause of the claim is recognized as having been made, the existence of a juristic act in its content must be recognized, barring any special circumstances where the existence and content of the declaration of intent indicated in the document are clear and acceptable. According to the above facts of recognition, the defendant is obliged to pay to the plaintiff interest calculated at the rate of 25% per annum, which is the interest rate of loans and the agreement thereon, unless there are special circumstances to the contrary.

3. Judgment on the defendant's defense of extinctive prescription

A. The Defendant’s assertion is that the Defendant’s claim for the instant loan is a commercial claim and the five-year extinctive prescription applies to the instant claim.

arrow