logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.23 2013가합539896
대여금
Text

1. The Defendant’s KRW 200,000,000 as well as the annual 6% from January 16, 2013 to September 23, 2014 to the Plaintiff, and the following.

Reasons

1. Summary of the parties' arguments;

A. On November 14, 2006, the Plaintiff asserted that the Defendant Company lent KRW 200 million at the interest rate of KRW 7.8% per annum and the due date of repayment on November 14, 2007.

(hereinafter “The instant monetary loan for consumption”). The Defendant Company sought to pay the principal and interest accrued therefrom, as it paid only interest until January 15, 2013.

B. The Defendant Company’s assertion that the Plaintiff claimed KRW 200 million loan was lent by the deceased C (hereinafter “the deceased”) who was an actual operator of the Defendant Company, and thus, the Defendant Company, not a party to the instant loan for consumption of money, is not obligated to pay.

In addition, the deceased has already repaid the above loan.

2. A party to the loan for consumption of money in this case;

A. The defendant company alleged that the deceased borrowed KRW 200 million from the plaintiff upon the plaintiff's request to the plaintiff's birth D, so the plaintiff's lending of the above money is a party to the monetary loan of this case, and there is no dispute between the parties.

B. We examine whether the borrower of the instant monetary loan is the Defendant Company or the Deceased.

The following facts are acknowledged as either a dispute between the parties, or as a whole by taking account of the descriptions of Gap evidence 1 to 4, 6, and Eul evidence 2 to 9 and the whole purport of pleadings.

① On November 14, 2006, the Plaintiff deposited KRW 200 million under the instant monetary loan for consumption into the account of the Defendant Company.

② The deceased’s wife E was the representative director of the Defendant Company from October 14, 2005 to March 12, 2013, but actually established and operated the Defendant Company.

③ The Deceased borrowed the above KRW 200 million for the purpose of using it as operating funds of the Defendant Company.

④ Interest on the instant monetary loan for consumption, from December 2, 2006 to September 2012, 2012, and

8. Until June 2012 through January 2013 (excluding August 8, 2012) shall be from the account under the name of representative director E, and from June 2012 to January 2013

9.The exclusion shall be one million won per month from the account in the name of the Defendant Company.

arrow