logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.08.13 2014가합1688
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,00,000 out of KRW 152,49,969 and the said amount, from April 8, 2015 to the date of full payment.

Reasons

1. In addition to the description of the claim, the description of “the cause of the claim” is as follows.

The Plaintiff asserted that an annual agreement of 10% on loans 100,000,000 to the Defendant was made by 833,333 won per month (i.e., KRW 10,00,000/12, and less than KRW 12), and that an agreement on loans 19,16,659 out of KRW 25,00,000 discharged by the Defendant was made by the Defendant, and that the said agreement was made between January 19, 207 and December 19, 2008 (23 months), and that the said loan agreement was made by 5,833,341 won from the last payment date to October 2014, and on the other hand, the said loan agreement was not written that the agreement was made by 83,3333 won.

However, if the monthly agreement of the Plaintiff’s assertion was converted into KRW 833,33 won per year, the monthly agreement of the Plaintiff is below KRW 9,99,96 (= KRW 833,333 x 12 months) and less than KRW 10,00,00,00. Meanwhile, when the actual interest of the agreement was calculated for 701 days from January 19, 2007 to December 19, 2008, when the agreement was calculated for 19,205,479 won (= KRW 100,00,000 per annum x 10% per annum x 701/365), the above agreement of the Plaintiff’s assertion is larger than KRW 19,16,659 x 701/3655). In light of this, it is deemed that the details of satisfaction of payment claimed by the Plaintiff is more unfavorable to the Plaintiff. Thus, the Plaintiff’s assertion is made under Article 203 of the Civil Procedure Act.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

arrow