logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2017.07.19 2016가단2679
대여금
Text

1. The Defendant’s KRW 29,00,000 as well as the Plaintiff’s annual rate from April 4, 2016 to July 19, 2017, and the following.

Reasons

1. Basic facts

A. On February 27, 2014, the Defendant (former Mutual Incorporated Company C) received KRW 100 million from D, and remitted KRW 50 million among them to the Plaintiff’s account. On March 17, 2014, the Defendant received transfer of KRW 700 million from D and paid the Plaintiff.

The parties to the Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) entered into a monetary loan agreement as follows:

Section 1 (Purpose) “A” shall lend gold KRW 750,00,000 ( e.g. 750,000) to “B” and “B” shall borrow this.

Article 2 (Performance) “B” shall pay “A” the borrowed money referred to in Article 1 to “A” by March 31, 2015.

§ 3. (Interest) The interest on the proceeds of this case shall be the rate of 6.9% per annum on the principal.

B. Around January 2015, the Defendant, while conducting an accounting audit, prepared a monetary loan agreement as of February 27, 2014 with the following contents. The obligee column of the said agreement signed by the Plaintiff as the representative director, and there was no indication in the obligor column.

C. The Plaintiff paid to the Defendant KRW 252 million on December 30, 2014, KRW 17,000,000 on February 17, 2015, KRW 438,000 on February 24, 2015, and KRW 50 million on February 25, 2015.

On March 6, 2015, the Plaintiff (the representative director of the Defendant at that time) entered into a monetary loan agreement with the Defendant with the terms that the Plaintiff lent KRW 29 million to the Defendant at 6.9% per annum and at 30 days after the date of repayment request (hereinafter “instant agreement”), which did not obtain approval from the Defendant’s board of directors.

E. The Plaintiff paid KRW 9 million to the Defendant on March 5, 2015, and KRW 20 million on March 12, 2015.

F. The Defendant’s standing to the Plaintiff on February 19, 2016.

42,178,471 won and Plaintiff’s status as interest claim on the loans described in the subsection.

On December 31, 2015, e-mail was sent to the effect that the principal and interest claim of the lending stated in the port would be offset.

G. On March 3, 2016, the Plaintiff: (a) paid the Defendant the above loan amounting to KRW 29 million; and (b)

arrow