logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.09.01 2015가단10698
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 14,621,342 and KRW 12,227,958 among them from April 8, 2015 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that Defendant B lent KRW 10,000,000 (interest rate of KRW 500,000 per month), KRW 500,000 (interest rate of KRW 500,000 per month) on April 13, 2011, and KRW 170,000 on June 3, 2011 to Defendant B.

Since then, on November 4, 201, Defendant B failed to pay the principal and interest, settled the loan principal and overdue interest at KRW 20,000,000, and written a written statement of payment.

However, as Defendant B did not pay the principal and interest again, the Plaintiff and Defendant B agreed to settle the total sum of the leased principal and overdue interest at KRW 25 million on March 26, 2012, and pay the interest of KRW 1 million per month to Defendant B.

Therefore, Defendant B should pay to the Plaintiff KRW 25 million and damages for delay.

Of the amount loaned by the Plaintiff to Defendant B, the amount of KRW 5 million on April 13, 2011 and KRW 1.7 million on June 3, 2011, which was for the payment of taxes and hospital expenses, fall under ordinary circumstances, and Defendant C, who is the denial of Defendant B, should pay the amount of KRW 6.7 million on this part and its delay damages jointly and severally with Defendant B.

B. The Defendants’ assertion that the Plaintiff lent to Defendant B the amount of KRW 10 million on March 24, 2010, KRW 50 million on April 13, 201, and KRW 17 million on June 3, 2011 did not have any interest agreement, and therefore, only 5% interest per annum as prescribed by the Civil Act ought to be recognized.

In addition, interest claimed by the plaintiff is null and void in excess of the maximum interest rate prescribed by the Interest Limitation Act.

As of November 4, 2011, written by Defendant B, the withdrawal of payment from November 4, 201 is invalid by the Plaintiff’s intimidation.

Of the Plaintiff’s loans, KRW 1.7 million on June 3, 2011 is for hospital expenses and recognizes the joint and several liability of Defendant C’s daily household expenses.

2. Determination

A. The Plaintiff’s loan of the principal and interest thereon to Defendant B as KRW 10,00,000 on March 24, 2010, KRW 500,000 on April 13, 201, and KRW 170,000 on June 3, 201 is no dispute between the parties.

As to the interest on the above loan, the Plaintiff and Defendant B’s letter of payment written on November 4, 201.

arrow