logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.06 2017가합56952
대여금 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On October 201, the Defendant became aware of the Plaintiff by borrowing bonds from the Plaintiff during the process of being awarded a successful bid for Driet building and site, which is a family hotel in Nanyang-gun C, Nanyang-gun.

B. After that, the money transaction was continued between the Plaintiff and the Defendant. On January 5, 2014, the Defendant agreed to settle all the monetary transaction between the Plaintiff and the Defendant, and the Plaintiff prepared a loan certificate with the loan amount of KRW 1 billion per annum, interest rate of KRW 30 billion per annum, and due date until November 5, 2014, and delivered it to the Defendant.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 8 and 9, purport of the whole pleadings

2. The plaintiff's assertion

A. The details of the loan claims asserted by the Plaintiff as the primary claim were organized based on the content of the preparatory documents submitted by the Plaintiff on February 2, 2018.

On March 13, 2014, the Plaintiff lent KRW 500,000,000 to the Defendant, KRW 500,000,000,000,000 to KRW 12,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, excluding KRW 80,000,000,000,000,000 to G according to the direction of the Plaintiff.

Therefore, the Plaintiff had a claim for loans of KRW 1 billion against the Defendant, KRW 500 million, KRW 500 million from March 13, 2014, KRW 200 million from March 17, 2014, KRW 1.8 billion from April 9, 2014, and KRW 1.5 billion from the Defendant’s repayment on April 16, 2014. As such, the Plaintiff did not receive the remainder of KRW 500 million, excluding KRW 1.3 billion from the Defendant’s repayment on April 16, 2014, seeking reimbursement for the above KRW 500 million and damages for delay.

B. On December 2014, the Plaintiff agreed to settle the Defendant’s debt incurred from the Defendant’s money transaction with the Defendant and the Defendant’s debt amounting to KRW 470 million.

3. Determination

A. On April 9, 2014, the Plaintiff alleged that the amount of the loan owed to the Defendant by April 9, 2014 reaches KRW 1.8 billion, but subparagraph 2 of the said paragraph.

arrow