logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.14 2020나41238
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On November 27, 2015, the Plaintiff loaned KRW 10,000,000 to the Defendant, and the Defendant and the Defendant agreed to pay KRW 423,970 to the Plaintiff the monthly repayment of the principal and interest of the loan for 36 months.

(hereinafter referred to as “loan 1”). (b)

On September 2017, the Plaintiff agreed to lend a total of KRW 47,000,000 to the Defendant on September 11, 2017 and September 12, 2017, and to pay KRW 3,000,000 out of monthly revenue to the Plaintiff, upon the Defendant’s request that deposit and premium for opening a marina business be needed.

(hereinafter referred to as “second loan”). (c)

On October 19, 2017, the Plaintiff lent KRW 5,000,000 to the Defendant without setting the due date and interest.

(hereinafter referred to as “third loan”). D.

The Plaintiff agreed to lend KRW 14,00,000 from G to the Defendant on February 7, 2018, while the Defendant and the Defendant agreed to pay KRW 767,337 to the Plaintiff for 24 months the monthly repayment of the principal and interest of the loan.

(hereinafter “4-loan”). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence Nos. 2 and 3, the purport of the whole pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant, barring any particular circumstances, deducted the Plaintiff from KRW 13,143,070 (= KRW 423,970 x 36 months x 423 months x 31 months) the remainder of KRW 2,19,850 (= KRW 15,262,920 - KRW 13,143,143,070), ② The amount of KRW 47,00,000, ③ the amount of KRW 347,00, KRW 5,000, KRW 5,000, KRW 33,416,887, KRW 2986, KRW 37,587, KRW 2986, KRW 196, KRW 275,586, KRW 298, KRW 47,57, May 28, 297).

arrow