(영문) 춘천지방법원 2014.10.24 2013나6364 | 리걸엔진

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) 춘천지방법원 2014.10.24 2013나6364

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Judgment on the main claim of this case

A. The Plaintiff, around October 29, 2009, lent KRW 15 million to Defendant B as of December 30, 2010, and Defendant C jointly and severally guaranteed the obligation to return the borrowed amount. As such, the Defendants asserted that the Plaintiff jointly and severally owes the obligation to repay the principal and interest of the borrowed amount. Therefore, in full view of the Plaintiff’s entries in No. 1 and the purport of the entire pleadings, the Plaintiff, around December 29, 2009, set the amount of KRW 15 million to Defendant B as of December 30, 201 (hereinafter “the instant borrowed amount”), and Defendant C jointly and severally guaranteed the obligation to return the borrowed amount.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 15 million and damages for delay.

(B) The Plaintiff asserted that the interest on the instant loan was set at 2% per month, but there is no evidence to acknowledge it, and the Plaintiff’s above assertion is without merit). (B)

The defendants' defenses 1) The defendants' assertions that the borrowed amount of this case was fully repaid with the debt of KRW 15 million. Thus, according to the whole purport of each of the statements and arguments in Eul and Eul evidence Nos. 1 through 16 (hereinafter referred to as "branch number") and all of the arguments, it can be acknowledged that the defendants met 17 times from November 26, 2009 to September 2, 2012, and that the defendants paid a total of KRW 15 million as shown in the attached Table No. 3-4 and 25, separately from the borrowed amount of this case, it is reasonable to view that the plaintiff paid a total of KRW 15 million to the defendant around May 4, 2009, as stated in the attached Table No. 3-4 and all of the arguments.

) A loan shall be fixed and lent (hereinafter referred to as ", May 4, 2009").

유사 판례

-수원지방법원여주지원 2020.02.13 2019가단4313

-대구지방법원 2015.05.14 2014가합7036

-서울중앙지방법원 2016.10.12 2015가단5313928

-대구지방법원포항지원 2020.12.10 2020가합10911