logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.06 2016가합2952
대여금
Text

1. As to the Plaintiff KRW 400,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 300,000,000.

Reasons

Facts of recognition

On June 23, 2010 and August 13, 2010 between the Plaintiff and the Defendant, each of the certificates of borrowing that the Defendant borrowed money from the Plaintiff was drafted, and the details thereof are as follows:

(hereinafter referred to as "each of the instant loans" in total, including the following loans made between the Plaintiff and the Defendant. The loan certificate (as of June 23, 2010) B was borrowed on June 23, 2010 by promising from A (100,000,000) to pay interest at the rate of KRW KRW 0,000 per month for six months until December 23, 2010.

The loan certificate (as of August 13, 2010) B shall be borrowed from A to October 13, 2010 and shall be paid KRW 30,000,000 (30,000) monthly interest from August 13, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1 and 2, and facts of recognition as to the purport of the whole pleadings are as follows: according to the above facts of recognition, the defendant was recognized as borrowing KRW 400 million from the plaintiff and the maturity period has arrived. Thus, the defendant is obligated to pay to the plaintiff KRW 400 million and delay damages therefor.

In regard to this, the defendant argued that the money, such as the statement of each of the instant loan certificates, was borrowed by C and D companies, and that each of the instant loan certificates was merely prepared in the confirmation level that the defendant delivered the money well, but it is not sufficient to accept the statement of No. 1, and there is no other evidence to acknowledge it.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and KRW 100 million from December 24, 2010 on the date following the due date for repayment; from October 14, 2010 on the date following the due date for repayment for KRW 300 million; from September 22, 2016, the delivery date of a copy of each complaint of this case, 5% per annum under the Civil Act until September 22, 2016; and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

arrow