logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.12.01 2017가단212494
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,00,000 and the interest rate of KRW 15% per annum from March 23, 2017 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. Facts 1) On May 11, 2005, the Plaintiff determined and lent KRW 200 million to the Defendant on a monthly basis as 1% interest rate. 2) The Defendant paid to the Plaintiff KRW 10 million among the above KRW 200 million to the Plaintiff, KRW 10 million around May 6, 2009, KRW 200 million, KRW 5 million on December 9, 2009, and KRW 30 million on January 11, 2010.

3) On January 15, 2010, the Defendant prepared a certificate of borrowing KRW 180,000 to the Plaintiff with the effect that it borrowed KRW 180,000,000. 4) Thereafter, the Defendant paid to the Plaintiff KRW 10,000 out of the above KRW 180,000.

[Grounds for Recognition] Unsatisfy, Gap evidence 1-1, 2-2, Gap evidence 2, the purport of the whole pleadings

B. In light of the facts established above, the Defendant is obligated to pay the Plaintiff money as stipulated in Paragraph (1) of this Article, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The summary of the argument 1) The Defendant borrowed KRW 200 million from the Plaintiff on May 11, 2005, and paid the Plaintiff KRW 94 million each interest per annum to the date of April 2009. (2) The Plaintiff was given reduction of the principal of the loan from KRW 200 million to KRW 80 million in spring on April 2009. (3) The Plaintiff did not pay interest for KRW 8 million thereafter.

3) On January 15, 2010, the Plaintiff prepared a false loan certificate as if the Defendant borrowed KRW 180,000 from the Plaintiff from the Plaintiff on January 15, 2010 and paid to the Plaintiff a total of KRW 140,90,000 on several occasions from May 6, 2009 to May 10, 2016.

B. The Plaintiff, on the sole basis of the evidence No. 7, reduced the principal of the loan from 200 million to 80 million won in spring around 2009.

In addition, it is not sufficient to recognize that the interest has been exempted at a intervals of time.

arrow