logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.30 2018가합10114
대여금
Text

1. The Plaintiff:

A. Defendant A: 500,000,000 won; (b)

Defendant Pwru Co., Ltd. is jointly with Defendant A.

(b).

Reasons

1. Determination as to loan claims

A. On August 7, 2015, the Plaintiff lent KRW 500,000,000 per annum to Defendant A on December 31, 2015, which was determined as the time limit for performance and KRW 500,000,000. The fact that Defendant C paid KRW 16,301,340 out of the above loans to the Plaintiff on April 1, 2016, around June 28, 2016, that Defendant C assumed the obligation of KRW 100,000 among the above KRW 50,000,00,000. There is no dispute between the parties.

B. Meanwhile, the Defendants asserted that the above KRW 16,30,300 should be appropriated for the principal of the loan. Thus, it is clear from the calculation that the above KRW 16,301,340 is insufficient to fully extinguish the principal of the loan and the interest obligation. There is no evidence to deem that there was an agreement or an application for satisfaction of payment between the Plaintiff and the Defendants. Accordingly, the above KRW 16,30,30 should be appropriated for the repayment of the loan interest obligation in order of the expenses, interest, and principal when the person who performed the payment was unable to fully extinguish the entire amount, pursuant to Article 479(1) of the Civil Act stipulating that the above KRW 16,301,340 should be appropriated for the repayment of the loan interest obligation in accordance with Article 477(3) of the Civil Act stipulating that each of the above interest obligations should be appropriated for the repayment of the loan obligation that became due first due, and it is reasonable to regard it as 16,301,300,3600,3000 won x3630.

C. Accordingly, as the Plaintiff seeks, Defendant A is obligated to pay jointly with Defendant A the amount of KRW 500,000,000, the amount of KRW 100,000,000 out of the said KRW 500,000,000 as well as each of the said amounts, which is the day following the date of repayment, to January 15, 2018, the agreed interest rate of KRW 5% per annum from April 2, 2016 to January 15, 2018, and delay damages by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. Additional construction costs;

arrow