logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.21 2018가단5062573
대여금
Text

1. The plaintiff shall be jointly and severally, the defendant B shall be 175,458,027 won, the defendant C shall be 125,458,027 won among them, and the defendant C shall be 125,458,027 won, as well as 125,43.

Reasons

On June 1, 2010, the Plaintiff leased KRW 150,000 (the first loan) to Defendant B under the joint and several guarantee of Defendant C by the due date set at July 2010. On August 27, 2010, the Plaintiff set the amount of KRW 50,000,000 (the second loan) to Defendant B by the due date set at September 27, 2010.

On February 20, 2014, Defendant C repaid the Plaintiff KRW 50,000,000 out of the first loan, and Defendant B repaid the Plaintiff KRW 10,000,000 on March 3, 2014.

[The facts that there is no dispute, Gap 1 through 4, Eul 1, and the purport of the entire pleadings] Defendant B asserted that on March 2, 2014, the plaintiff paid 10,000,000 won in total, including nine of KRW 1 million checks and one million in cash, to the plaintiff on March 2, 2014, but it is not enough to recognize it only by the description in Eul 2.

Although Defendant B argues that the repayment of the debt or the maturity period has been postponed by establishing and granting the right to collateral security to the Plaintiff, the establishment of the right to collateral security alone cannot be deemed as having been suspended, and there is no other evidence.

50,000,00 won paid by Defendant C on February 20, 2014, which is calculated by 5% per annum from August 1, 2010 following the due date for payment of the first loan to the due date for payment, shall be appropriated to the principal of the first loan and KRW 126,691,780, and the first loan shall remain.

The amount of KRW 10,00,000 paid by Defendant B on March 3, 2014 is KRW 126,691,780 of the principal of the first loan plus KRW 190,905 of the delay damages calculated at the rate of 5% per annum from February 21, 2014 to the date of repayment of the second loan, and KRW 8,575,342 of the delay damages calculated at the rate of 5% per annum from September 28, 2010 to the date of repayment of the second loan, which is the day following the due date of repayment of the second loan, and KRW 125,458,027 of the principal of the first loan.

Therefore, the remaining principal and damages for delay are the first loan KRW 125,458,027, the second loan KRW 50,000,000, and damages for delay after March 4, 2014, and the Plaintiff’s claim is accepted within the scope.

arrow