logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.11.29 2018가단1624
대여금
Text

1. As to KRW 50,115,00 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from January 4, 2016 to August 23, 2018.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff loaned 50,000,000 won to the defendant on May 4, 2015, with the interest rate of 3% per annum (125,000 won per annum) and the due date of repayment on May 30, 2020. At the time of the above lease, "if the payment of interest is delayed on at least two occasions, the defendant loses the due date," and thereafter, the defendant may recognize the fact that the payment of interest has been suspended after paying the plaintiff the interest rate of 885,00 won (125,007 x 10,000 won) as interest on the said loan from June 4, 2015 to December 7, 2015.

According to the facts found above, the defendant has lost the interest on the above loan obligation at least twice due to the delinquency in payment of interest, and the defendant shall pay the plaintiff 50,115,000 won (=50,000 won - 125,000 won -10,000 won with interest on the above loan obligation of 50,000 won (from December 4, 2015 to January 3, 2016) plus the remainder of 125,000 won with interest on the loan obligation of 125,000 won (from January 4, 2015 to January 3, 2016) plus the remainder of 115,00 won (i.e., 50,000,115,000 won with interest on the loan obligation of 50,000,0000 won with interest on the loan obligation of 31,208,0000 won with the agreed interest rate of 5,0,00,05,000% interest interest interest from the plaintiff's.

2. The defendant's assertion argues that the defendant only caused the plaintiff to prepare a loan certificate (No. 1-1) by coercion, and that the plaintiff actually donated the above KRW 50,000,000 to the defendant who was a de facto spouse.

However, as recognized earlier, the Plaintiff lent the above KRW 50,000 to the Defendant, and the evidence submitted by the Defendant alone is insufficient to recognize that the Defendant had expressed his/her intent by coercion at the time of the above lending, and it can be otherwise recognized.

arrow