(영문) 서울중앙지방법원 2015.11.06 2015가단5170008

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) 서울중앙지방법원 2015.11.06 2015가단5170008

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 54,648,628 and KRW 28,068,110 among the costs, from April 18, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 37,200,000 to the Defendant on August 27, 2008 at the rate of KRW 19% per annum on August 21, 2013, the interest rate of KRW 3 months CD interest rate of KRW 19% per annum, and damages for delay rate of KRW 25% per annum.

(hereinafter “instant loan”). (b)

The Defendant lost its interest on May 22, 2010 because it failed to perform its repayment obligation according to the equal repayment method of principal and interest on the instant loan.

C. As of April 17, 2015, the balance of the principal and interest of the instant loan as of April 17, 2015 is KRW 28,068,110 and KRW 26,580,518 in total, and KRW 54,648,628 in total.

[Grounds for Recognition: Entry of Evidence Nos. 1 to 6, the purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts based on the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 54,648,628 of the principal and interest of the instant loan as of April 17, 2015 and KRW 28,068,110 of the principal and interest of KRW 25% per annum from April 18, 2015 to the date of full payment.

B. The Defendant’s defense against the Defendant asserted that the period of extinctive prescription for the principal and interest of the instant loan expired five years, but considering the overall purport of the pleadings in the statement No. 7, the Plaintiff’s defense as to the instant loan from May 22, 2010 to June 30, 2010, on the ground that the Defendant’s claim for the principal and interest arising from the instant loan from May 22, 2010, as the preserved claim against the Defendant’s third party obligor, was issued the Seoul Central District Court Order 2010Kadan6060, which received the provisional seizure order on July 2, 2010, and delivered the provisional seizure order on July 2, 2010 to Sung-gun-gun. Accordingly, the Defendant’s defense against the extinctive prescription cannot be accepted.

3. citing the Plaintiff’s claim for conclusion

유사 판례

-서울중앙지방법원 2020.04.22 2018가단37633

-의정부지방법원 고양지원 2017.01.19 2016가단83507

-대전지방법원 2019.01.09 2018가합104980

-서울중앙지방법원 2014.11.04 2014가단147037

-서울중앙지방법원 2018.09.05 2017가단99382