logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2015.05.08 2015가단71331
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 48,62,356 and the amount of KRW 27,379,297 from October 23, 2014 to the date of full payment.

Reasons

1. On October 20, 201, the Plaintiff applied the basic terms and conditions for the loan transaction to the Defendant on October 20, 201, and loaned KRW 17 million (hereinafter “the instant loan”) by setting the interest rate of October 20, 2014, 6.6% per annum, and the delay damages rate of KRW 15.21% in the event the Defendant loses the benefit of the time limit. The Defendant was unable to pay the principal and interest of the instant loan, thereby losing its benefit due to the failure to pay the interest and interest of the instant loan. The Plaintiff received KRW 76,620,703 from the Incheon District Court B real estate auction case of real estate B, and appropriated the principal and interest of the instant loan as of October 22, 2014, and the remainder of the loan principal of KRW 27,379,297, 21,283,059 is recognized by comprehensively taking account of the purport of the evidence and the entire pleadings as a whole.

According to the above facts, the defendant is obligated to pay to the plaintiff 48,662,356 won in balance of the principal and interest of the loan of this case (27,379,297 won and interest 21,283,059 won and interest 27,379,297 won in excess of the remaining principal and interest of the loan of this case) and 27,379,297 won in excess of the agreed interest rate from October 23, 2014 to the date of full payment.

2. As to the defendant's argument, the defendant's assertion that the Samsung T&C agency (which appears to be an agency located in Daegu) suffered damage to the defendant and caused the cause to prevent the plaintiff from paying the principal and interest of the loan of this case to the plaintiff, and the plaintiff is believed not to be the defendant but to lend the loan of this case to C, and thus the defendant shall not be held liable to the defendant.

As alleged by the Defendant, even if Samsung & Samsung's agent inflicted damages on the Plaintiff, the Defendant's obligation to pay the principal and interest of the loan of this case does not cease to exist, and as long as the Plaintiff signed and sealed the loan of this case as the obligor himself under the loan transaction agreement, the Defendant is liable.

arrow