logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.11.20 2018가단13747
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 7, 201, when the Defendant, including the Plaintiff’s remittance of money and the writing of a letter, transferred KRW 20,000,000 from the Plaintiff, who was the saccined by C, to E on September 7, 201, and loaned money to E under the joint and several guarantee of D. To secure this, each transfer right claim registration was completed on the ground of the Plaintiff’s future promise to sell and purchase the F apartment G and apartment H on the same day prior to the previous week owned by D on the same day.

After that, on September 26, 2013, the procedure of voluntary auction was initiated with the Jeonju District Court I on September 26, 2013, and the provisional registration was cancelled due to sale on July 16, 2014. As to the above H apartment, the procedure of voluntary auction was initiated with the Jeonju District Court J on September 26, 2013, and the provisional registration was cancelled due to sale on April 23, 2014.

On May 22, 2015, the Plaintiff received dividends of KRW 8,079,904 in the auction procedure with respect to the said G.

On the other hand, on July 2, 2015, C and the Plaintiff drafted each of the following descriptions (hereinafter “each of the instant notes”) and C paid KRW 60,000,000 to the Plaintiff on September 30, 2015.

C. Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 2, 4-1 and 4-2, witness K's testimony and the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. On September 7, 201, the purport of the Plaintiff’s claim is that the Plaintiff loaned KRW 20,000,00 to the Defendant on September 7, 201, and the Plaintiff received KRW 25% interest rate ( KRW 400,000 per annum) and KRW 8,079,904 per annum until May 22, 2015. As such, the Plaintiff claimed the interest balance by April 26, 2018, including KRW 22,167,580 and the principal balance by April 26, 2018, KRW 34,087,6766, and delay damages.

B. (1) In light of the relationship between the plaintiff and the defendant and the defendant recognized as above, and the circumstances and contents of the formation of the letter of this case, etc., the defendant is a loan of KRW 20,000,000 remitted from the plaintiff as seen earlier, as alleged by the plaintiff.

arrow