(영문) 수원지방법원성남지원 2016.04.15 2015가단26589

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원성남지원 2016.04.15 2015가단26589

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2009, the Plaintiff, as his agent, lent KRW 70 million to the Defendant at an annual interest rate of 30% (hereinafter “instant loan”). On July 20, 2009, on the F forest land No. 846 square meters owned by the Defendant, the Plaintiff transferred G’s claim on July 20, 2009, and additionally registered the registration of collateral security transfer of KRW 100 million to the maximum debt amount.

B. On February 13, 201, C, E, and D representing the Plaintiff: (a) performed a promise to pay the instant loan of KRW 70 million to C by April 20, 201; (b) drafted a bond performance certificate stating that the said promise is effective only when it is mutually performed (hereinafter “instant bond performance certificate”).

C. On March 14, 2012, C and E representing the Plaintiff: (a) the principal shall be KRW 146 million; (b) the interest shall be paid on the 12th day of each month; and (c) the creditor shall be determined on the 12th day of each month. As the proviso, the letter of agreement (hereinafter “the letter of agreement in this case”), stating, “after the increase, the creditor shall be determined on the e-mail. The creditor shall pay the said amount on the e-mail; (b) the Plaintiff shall pay the said amount on the e-mail; and (c) the Plaintiff shall accept the said amount on the e-mail and pay the monthly interest to C.”

E and C, on March 14, 2012, a notary public drafted the No. 120 of H General Law Firm Deed No. 120, a promissory note No. 146 million won, the issue date of which was March 14, 2012, and a promissory note No. 1530, March 15, 2013 (hereinafter “instant notarial deed”).

E. On the other hand, on March 15, 2012, C prepared a complete payment (hereinafter “the instant complete payment”) with the content that E would make a subrogation and received the full payment of the amount of the notarial deed in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5, 9 through 13, the purport of the whole pleadings

2. The plaintiff.

유사 판례

-인천지방법원 2016.09.06 2015가합2719

-수원지방법원 2017.06.13 2016가단2136

-전주지방법원 2017.10.25 2017가단3095

-수원지방법원 2016.01.29 2014가단68262

-서울중앙지방법원 2015.08.18 2015가합507916