(영문) 광주지방법원 2020.06.05 2019가단519085

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) 광주지방법원 2020.06.05 2019가단519085

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 24, 2019 to June 5, 2020.

Reasons

1. The facts of recognition: To be deemed both a principal lawsuit and a counterclaim;

On July 31, 2003, the Plaintiff lent KRW 70,000,000 to the Defendant. Accordingly, the Defendant decided to pay KRW 70,000,000 to the Plaintiff until July 31, 2004, and the Plaintiff prepared a cash custody certificate stating that interest shall be paid at 1.5% per month.

After August 2, 2004, the plaintiff and the defendant agreed to extend the payment period under the cash custody certificate until January 30, 2005.

However, the Defendant failed to repay the principal and interest of the Plaintiff properly, and ① on February 1, 2005, the cash custody certificate to pay KRW 70,000,000 to the Plaintiff by July 30, 2005, ② to pay KRW 70,000,000 as of March 20, 2006 until January 30, 2007, with the interest rate of KRW 2% as of March 26, 2007, ③ to pay KRW 70,000,000 to the Plaintiff by January 30, 208, ④ to prepare a loan certificate to pay KRW 70,000,000 to the Plaintiff by July 17, 2009, to deliver to the Plaintiff the loan certificate to pay KRW 30,00,000 to the Plaintiff by January 30, 200, ⑤ to deliver the loan certificate to the Plaintiff by July 30, 2010, respectively.

Since then, as the Defendant failed to repay the principal and interest of the Plaintiff, the Plaintiff and the Defendant agreed to pay 10,000,000 won for the interest accrued until October 10, 201, the sum of KRW 70,000,000 for the principal and interest of KRW 10,000 for the interest and KRW 80,000 for the interest and KRW 10,000 for the interest and KRW 3 million for each month from December 30, 2011, and the Defendant prepared documents containing such contents and delivered them to the Plaintiff.

During the period from December 14, 2013 to June 15, 2018, which was established on October 10, 2011, the Defendant repaid to the Plaintiff the total of KRW 46,00,000 over 16 times.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts-finding on the Plaintiff’s assertion as to the cause of the principal claim, special circumstances exist.

유사 판례

-창원지방법원진주지원 2010.12.15 2010가합456

-울산지방법원 2017.10.18 2016나4020

-수원지방법원안양지원 2020.10.13 2019가단123999

-전주지방법원 2018.04.11 2017가단22256

-인천지방법원 2018.04.03 2017가합55465