(영문) 서울북부지방법원 2017.12.12 2016가단17245

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.12.12 2016가단17245

대여금

Text

1. The defendant shall pay to the plaintiff KRW 21,80,000 as well as KRW 20,000 among them, from April 2, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff is a woman of C, and the defendant is a defendant of C's fraud.

B. On October 2006, the network D, the husband of C and the defendant, the head of the defendant (hereinafter “the network”), respectively, leased KRW 20 million to the defendant, and the plaintiff set KRW 55 million as interest rate 2% per month.

C. The Deceased died on November 25, 2006, and his heir C, E (the spouse of the Defendant), F, and G as his wife.

After the deceased's death, the Defendant remitted 1.5 million won per month to C's account from December 1, 2006 to July 2, 2007, and transferred 1.5 million won per month to the Plaintiff's account from July 2, 2007 to May 1, 2009. After remitting 1,420,000 won as of June 1, 2009, the Defendant remitted 1,420,000 won as of June 30, 2009, and thereafter, remitted 9 million won as of July 30, 2009 to July 1, 2009, without paying 90,000 won as of July 31, 2009 to May 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5 through 9, witness C's testimony, the purport of the whole pleadings

2. The defendant asserts that the judgment on this safety defense is null and void as a litigation trust where the deceased or C transferred the claim to the plaintiff and the plaintiff brought a lawsuit in this case against the plaintiff.

However, there is no evidence to acknowledge that the Plaintiff received the claim from the Deceased or C for the purpose of performing the instant lawsuit, and the Defendant’s above assertion is rejected.

3. Determination as to the cause of action

A. (1) The plaintiff's assertion (1) lent the plaintiff's assertion to the defendant 20 million won to the defendant around October 2006, and the plaintiff 55 million won to the plaintiff as 2% per interest month. After the death of the deceased, the plaintiff subrogated the creditor of the deceased to pay the plaintiff 20 million won, and the defendant paid 1.5 million won per month interest on the plaintiff from July 2, 2007 to June 2, 2007, and paid 1.5 million won per month interest on the plaintiff from May 2, 2009 and around June 2, 2005, and paid 25 million won to the plaintiff.

유사 판례

-서울북부지방법원 2018.09.19 2018나181

-서울중앙지방법원 2017.03.13 2016나46917

-대구지방법원 2016.10.21 2016가단101959

-서울서부지방법원 2015.06.24 2014가단36934

-서울북부지방법원 2013.11.22 2013가단17206