logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.13 2016가합6885
대여금
Text

1. The Defendant’s KRW 200,995,650 for the Plaintiff and the following: 5% per annum from September 15, 2004 to August 24, 2016.

Reasons

1. On March 4, 2004, the Plaintiff lent KRW 300,000,00 (hereinafter “the instant loan”) to the Defendant without fixing interest and the due date for payment. The loan certificate drafted at the time stated that “the Defendant would make payment to the Plaintiff within the shortest possible period of time.” The Defendant paid USD 95,000 and USD 3,500 among the above loan to the Plaintiff on September 15, 2004. The Defendant paid the remainder of the loan of this case which the Defendant did not pay to the Plaintiff on September 15, 2004, the remainder of the loan of this case was 200,95,650 and the remainder of the loan of this case which the Defendant did not pay to the Plaintiff may be acknowledged by taking into account the dispute between the parties, evidence Nos. 1 through 5, evidence Nos. 7 and the purport of the entire pleadings.

According to the above facts, the defendant can be acknowledged that the defendant's remaining 200,95,650 won of the loan of this case and its remaining 200,95,650 won are when a considerable period has elapsed after the plaintiff notified the defendant to repay the loan of this case to the defendant, and according to the whole purport of the statement and pleading as Gap No. 7 from September 15, 2004 to September 14, 2004, the international mail that the defendant sent the plaintiff to the plaintiff as of September 14, 2004, "as the plaintiff was in the time when the plaintiff was in the time at which he was forced to repay the loan of this case to the plaintiff by other means." Thus, the defendant's remaining 200,000 won is stated that "the defendant would not be able to repay the loan of this case to the plaintiff now by other means." Thus, the plaintiff already urged the defendant to repay the loan of this case to the plaintiff, and it seems that the plaintiff had been partially repaid the loan of this case to the plaintiff.

By August 24, 2016, the delivery date of the copy of the complaint of this case, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

arrow