logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.16 2014가합203421
대여금
Text

1. Defendant B Co., Ltd, D, and F are jointly and severally and severally liable to the Plaintiff for KRW 92,630,136 and its related amount from September 30, 201 to July 2015.

Reasons

1. Facts of recognition;

A. On August 29, 2011, the Plaintiff, with respect to the operation of Defendant B Co., Ltd. (hereinafter “Defendant Company”), lent KRW 100 million to the Defendant Company (hereinafter “Defendant Company”) at KRW 15 days from the date of the due date of repayment and KRW 10 million from the date of repayment.

B. As the Defendant Company did not repay the first loan, Defendant D, who used the position of the president of the Defendant Company, and carried out its business, agreed to pay the first loan to the Plaintiff not later than one month prior to September 28, 201.

C. On September 29, 201, Defendant Company paid KRW 10 million to the Plaintiff as the interest for the first loan.

On January 14, 2013, the Plaintiff: (a) lent KRW 30 million to Defendant F, a person in charge of the construction site of the Defendant Company, with the G development project fund (hereinafter “second loan”); (b) agreed to receive the second loan and the first loan from Defendant F by not later than 40 days after the said loan date.

[Reasons for Recognition] In the case of Defendant Company C, E, and F, each entry in Gap evidence Nos. 1 to 9 (including branch numbers), the purport of the entire pleadings, and the conclusion of confession against Defendant D

2. Determination as to the claim for a loan under Article 1

A. On September 29, 201, the Plaintiff asserted that the Defendant Company paid KRW 10 million to the Plaintiff as interest for the first loan and appropriated the said money to the interest for the first loan, the Defendant Company is obligated to pay the full amount of the first loan. Since Defendant C, D, E, and F agreed to pay the first loan, the Defendants are jointly and severally liable to repay the full amount of the first loan.

B. In determining the claim against the Defendant Company, Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; hereinafter the same) and Article 2(1) of the former Interest Limitation Act concerning the maximum interest rate under Article 2(1) of the former Interest Limitation Act. Presidential Decree No. 25376, Jun. 11, 2014.

arrow