logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2016.01.13 2015가단3381
대여금
Text

1. The defendant (Counterclaim Plaintiff, the appointed party), the appointed party C, and D are jointly and severally liable to the plaintiff for KRW 18,000,000 and the corresponding amount.

Reasons

1. According to the evidence evidence Nos. 1, 2, and 3 as to the claim of this lawsuit, the fact that the Plaintiff loaned money to the Defendant C from March 10, 2012 to June 2012, and Defendant B, on March 27, 2014, agreed to pay the Plaintiff KRW 18,00,000 to the Plaintiff by December 31, 2014, as indicated in the separate sheet of payment (hereinafter “instant letter of payment”) with respect to the obligation to borrow money to the Plaintiff by Defendant C, as indicated in the separate sheet of payment (hereinafter “instant letter of payment”).

The Plaintiff’s actual loan to Defendant C is KRW 25,00,000, and the content of the instant payment note is written on the premise that the amount would be deducted from KRW 7,00,000,00. As long as the Defendants did not recognize a set-off, Defendant B and C are obliged to pay KRW 25,00,000.

However, in a case where a contractual content is written between the contracting parties in writing, which is a disposal document, if the objective meaning of the text is clear, the existence and content of the declaration of intent should be recognized in the absence of special circumstances.

(see, e.g., Supreme Court Decision 2014Da4115, Jun. 26, 2014). Since the content of the instant payment rejection specifies the Defendants’ obligation to pay to the Plaintiff as KRW 18,00,000,00 (the Plaintiff also states that “The payment of KRW PS (PS) million is later indicated by the Plaintiff in the said payment rejection letter, the Plaintiff’s assertion is rejected.”

Therefore, the Defendants jointly and severally (the Plaintiff is jointly and severally claiming a “joint claim,” but the court may make a judgment on such claim ex officio without making a judgment on partial dismissal, etc.) calculated at the rate of 18,00,000 won per annum as stipulated in the Civil Act from January 1, 2015 to January 13, 2016, which is the date of the instant judgment, from January 13, 2016, and 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from January 14, 2016 to the date of full payment.

arrow