logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.02.16 2016가합249
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 167,00,000 and KRW 50,000 among them, starting from July 1, 2014.

Reasons

1. Facts of recognition;

A. In May 1, 2010, the Plaintiff prepared a letter of borrowing on May 1, 2010, the following: (a) during the year 2006, the Plaintiff received a proposal from Defendant C and his wife B, who was at his own fault, to operate the D-ground Moel and divide the profits by winning a successful bid; (b) around that time, the Plaintiff and the Defendants paid KRW 250 million to the Defendants as investments. (c) The Plaintiff and the Defendants agreed to divert the said investments as loans; and (d) on May 1, 2010, the Plaintiff and Defendant B drafted a certificate of borrowing money that “the Plaintiff shall pay KRW 250 million to the Defendant B at a maturity of 24% per annum and interest rate of 24% per annum.”

3) On April 4, 2012, the Defendants repaid KRW 200 million out of the above loans to the Plaintiff, and paid interest and delay damages up to June 30, 2014. (B) On October 23, 2010, the Defendants asked the Plaintiff to loan KRW 20 million out of the operating capital when they start the business with the Defendant’s partnership and partnership.

2) On October 23, 2010, the Plaintiff remitted KRW 20 million to Defendant B’s partner E’s account. (c) On May 14, 2012, the Plaintiff received a request from the Defendants to lend KRW 200 million, and the Plaintiff transferred KRW 200 million to Defendant C, including KRW 180 million on May 11, 2012, and KRW 200 million on May 14, 2012. [In the absence of dispute over the grounds for recognition, each entry in subparagraphs 1 through 4, and the purport of the entire pleadings.]

2. Determination

A. 1) Unless there exist special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining KRW 50 million out of the loans as of May 1, 2010 (i.e., KRW 250 million - KRW 200 million), the loans as of October 23, 2010, and KRW 270 million including loans as of May 14, 2012 (i.e., KRW 50 million 20 million - KRW 20 million 20 million ) and delay damages thereon (i.e., KRW 50 million 20 million ; KRW 20 million ; KRW 20 million ; ii) the Plaintiff asserted that the loans as of October 23, 2010 7.8% per annum; i.e., KRW 200 million - KRW 150 million 20 million - 14.25 billion per annum 14.25 billion per annum.

arrow