logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.05.31 2015가단45977
대여금 등
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 46,00,000 and the interest rate thereon from February 13, 2016 to the date of full payment.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

2. Judgment by public notice: Article 208(3)3 (Defendant 1) of the Civil Procedure Act merely received unpaid wages and not borrowed KRW 46 million; however, in full view of the evidence, the Plaintiff appears to have lent the unpaid wages to Defendant B. However, taking account of the evidence, it is only deemed that the Plaintiff lent the unpaid wages to Defendant B.

3. Judgment deeming confessions: Defendant under Article 208 (3) 2 of the Civil Procedure Act.

2.3.For the purposes of this Act

4. Part for partial exemption:

A. The Plaintiff sought 15% interest rate per annum from November 30, 2013 to the date of full payment with respect to 46 million won from Defendant B and C, but there is no evidence to acknowledge the interest agreement on the cause of the claim. Therefore, the Plaintiff’s claim for performance can be deemed as having been made only the damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day of final delivery of the copy of the complaint to the day of full payment, and the remainder shall be dismissed.

B. While the Plaintiff’s registration procedure for cancellation of ownership transfer registration is to be implemented against the Plaintiff, the Plaintiff’s restoration as the effect of cancellation of fraudulent act ought to be restored to the original state to Defendant C, and thus, ordered Defendant C to implement the cancellation registration procedure.

arrow