logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.08.21 2014가합1287
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from January 21, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 and 6, the Plaintiff intended to repay bank loans on April 23, 2002, and lent them to the Defendant without repaying KRW 200 million, which is a part of the repayment amount. In this case, the Plaintiff and the Defendant had the maturity period up to July 31, 2002, and the bank of the above KRW 200 million decided to pay the interest on behalf of the Plaintiff.

The fact that the defendant paid the above KRW 200 million to the bank is the plaintiff.

Therefore, barring special circumstances, the defendant is obligated to repay the above loan amount of KRW 200 million to the plaintiff.

The plaintiff, who is the defendant's assertion, re-convenor of the defendant's assertion, was 70 million won loaned to handle the inheritance business with the defendant's will and receive inherited property as collateral.

The plaintiff sold part of the inherited real estate and repaid the above loan to the defendant, and paid 200 million won out of the repayment to the defendant as the business fund.

At this time, the Plaintiff agreed to pay the above KRW 200 million in return for the sale of the real estate in question, and the Defendant shall pay only the bank interest during that period.

Therefore, the defendant does not have the obligation to repay to the plaintiff.

In addition, since the plaintiff or the plaintiff's son voluntarily withdraws the amount of KRW 5 million out of the amount deposited by the defendant to the plaintiff's loan and passbook and uses it for the cost of living, it should be deducted or offset from the loan.

(Finfincing the Defendant’s assertion). The decision was based on the fact that the Defendant had aided the Plaintiff’s inheritance business, there is no dispute between the parties.

However, the above facts alone are insufficient to recognize that the plaintiff agreed to pay the above loan of KRW 200 million to the bank instead of the defendant for the sale price of the Seo-gu Busan, and there is no other basis to recognize this.

In addition, the defendant paid the loan interest on behalf of the plaintiff as interest, which the plaintiff lives.

arrow