(영문) 대전지방법원 2015.12.04 2015가단13253

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(영문) 대전지방법원 2015.12.04 2015가단13253

대여금

Text

1. The Defendant’s KRW 58,009,288 as well as the Plaintiff’s annual rate of 5% from July 9, 2014 to December 4, 2015.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 and 2, the Defendant prepared a cash custody certificate stating that “The Plaintiff, on July 9, 2014, shall pay interest at the time of borrowing KRW 62 million from the Plaintiff, and shall repay the said KRW 62 million in installments from August 15, 2014 to August 30, 2015,” and the Plaintiff may each recognize the fact that the Plaintiff received a total of KRW 3,90,712 from the Defendant from June 11, 2015 to August 31, 2015 and appropriated the principal.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 58,009,288 won (=62,00,000 won - 3,990,712 won) and interest or delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from July 9, 2014 to December 4, 2015, which is the date of the issuance of cash custody certificate, and the interest or delay damages calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's defense is proved that the defendant paid KRW 24.8 million to the plaintiff when he delivers the skin management office to the plaintiff.

However, in full view of the purport of the argument in the statement in Eul evidence No. 4, the defendant decided to transfer to the plaintiff the 50,300,000 won of D private letter or department management room in Daejeon-gu, Daejeon-gu, and 5,80,000 won out of the above payment shall be paid in cash to the plaintiff by the defendant, and 2,4.8 million won shall be offset against the plaintiff's claim against the defendant, and the remaining 15,00,000 won shall be offset against the defendant's claim against the defendant. The defendant's debt against Eul amounting to 15,00,000 won shall be assessed as 15,00,000 won and calculated as 3,00,000 won as 15,000 won, and there is no evidence to acknowledge this.

It can be acknowledged that the Plaintiff made payment by subrogation by the Plaintiff, and otherwise, the Defendant’s KRW 24.8 million is the case.

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