logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.08.27 2014가단38702
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 70,000,000 as well as 20% per annum from July 17, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiff lent KRW 50 million to Defendant B, and Defendant C jointly guaranteed the said obligation to Defendant B.

B. After that, on June 27, 2006, the Plaintiff additionally lent KRW 20 million to the Defendant B.

[Ground of recognition] Unstrifed Facts, Gap evidence 1 and 2, the results of each reply given to KB National Bank of this Court, and new bank according to an order to submit financial transaction information, the results of the examination conducted by the plaintiff and defendant C, the purport of the whole pleadings

2. Determination

A. According to the above facts found in the claim against Defendant B, unless there are special circumstances, Defendant B is liable to pay to the Plaintiff KRW 70 million and damages for delay.

B. According to the above facts of determination as to the cause of the claim against Defendant C, barring any special circumstance, Defendant C is jointly and severally liable with Defendant C to pay KRW 50 million out of the above KRW 70 million and delay damages therefrom. Furthermore, the Plaintiff asserted that Defendant C’s joint and several liability of KRW 20 million on June 27, 2006 was jointly and severally guaranteed by Defendant C, and thus, according to each of the above evidence Nos. 3 and 1, the Plaintiff remitted the above money to Defendant C’s account, and the fact that it was transferred from the above account to Defendant B’s account is insufficient to recognize that Defendant C had jointly and severally guaranteed the above obligation, and there is no other evidence to acknowledge it otherwise. 2) Defendant C’s defense as to the Plaintiff’s joint and several liability of KRW 50 million against the Plaintiff did not come into force due to the deposit of the foregoing money into the Defendant’s joint and several liability account, and thus, Defendant C did not have deposited the above money deposited into the Defendant’s account.

In full view of the records of No. 1, Gap evidence, plaintiff and defendant C's personal examination results, the whole purport of the arguments is as follows: defendant B operated by Eul on May 18, 2006 to the plaintiff on May 18, 2006.

arrow