logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2014.04.25 2013가단1061
대여금
Text

1. The defendant shall apply the ratio of KRW 9,091,065 to the plaintiff with 24% per annum from January 8, 2008 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff lent money to the Defendant as indicated below.

The defendant, the guarantor C (the mother of the defendant) who borrowed 24% per annum on September 6, 2004 (24% per annum on December 31, 2005), and the guarantor C (the mother of the defendant) who borrowed 24% per annum on October 15, 2004 and December 31, 2005 (24% per annum on December 31, 2005), the defendant, the guarantor C, the guarantor C, the amount of KRW 24% per annum on December 22, 2004, and the guarantor C, the amount of KRW 10 million per annum on December 31, 2005.

④ On April 14, 2005, the Plaintiff initially asserted a loan of KRW 10 million. The Defendant also recognized the fact of borrowing KRW 10 million from the preparatory document dated June 21, 2013, and argued that KRW 10 million has been repaid in the preparatory document dated January 10, 2014. As such, the leased principal is recognized as KRW 10 million per annum. 5% per annum 24% per annum on November 14, 2005.

B. Since then, the Defendant paid the Plaintiff a sum of KRW 10 million on June 9, 2005, KRW 10 million on the ground of the repayment of the borrowed amount, KRW 20 million on the ground of the repayment of the borrowed amount, and KRW 20 million on November 22, 2005, respectively, on the ground of the repayment of the borrowed amount, and thereafter, additionally repaid KRW 20 million on March 29, 2007, KRW 500,500 on July 24, 2007, KRW 3 million on August 27, 2007, KRW 200,000 on October 9, 2007, KRW 300,000 on October 4, 2008, and KRW 20 million on January 7, 2008, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 evidence, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff, through the claim of this case, seek payment of the remaining principal and interest as to the amount of KRW 70 million, asserting that he lent to the defendant as of November 18, 2005, the remaining principal and interest on loans Nos. 1 through 3 and 5, and November 18, 2005.

B. First, with respect to whether the Plaintiff lent KRW 70 million to the Defendant on November 18, 2005, the following facts are examined: (a) the Plaintiff did not prepare a loan certificate despite the fact that there was a large amount of money transaction between the original Defendant; and (b) the Plaintiff did not seem to have any circumstance to receive interest as to the above money between the original Defendant.

arrow