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(영문) 서울동부지방법원 2015.02.04 2013가합104736

대여금

Text

1. The Plaintiff:

A. The Defendants each amounting to KRW 110,700,000, and Defendant B and C with respect thereto from January 1, 2014.

Reasons

1. Claim for loans of KRW 120,000,000;

A. In full view of the overall purport of the statements and arguments as stated in Gap evidence Nos. 1, 2, and 4, it is recognized that the plaintiff granted KRW 120,000,000 to the defendant corporation B (hereinafter "the defendant corporation") on October 25, 201, deducting KRW 12,00,000 from the interest rate of KRW 10,000,000 as of November 24, 201 and lent the loan to the defendant corporation B (hereinafter "the defendant company") on November 24, 201, and then granted KRW 108,00,000 as the monthly interest rate of KRW 12,00,00,000 as of January 24, 201

B. Pursuant to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 20118, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 20118, Jun. 11, 2014); Article 30 of the former Interest Limitation Act (amended by Presidential Decree No. 20118, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 2010, Oct. 1, 2012; Presidential Decree No. 23788, Oct. 1, 2012).

In accordance with the above legal principles, the loan amounting to KRW 2,700,000,00, which was paid by the Defendant Company to KRW 12,000,000, which was paid in advance by the Plaintiff at the time of delivering the loan (=108,000,000 x 30% x 1/12) is appropriated for interest, and the loan amounting to KRW 9,30,000 (=2,700,000 - 2,70,000,000) is appropriated for 120,70,000,000 as the principal, and thus the remaining principal paid by the Defendants to the Plaintiff is 110,70,000,000 (=120,000,0000,0000,000).

Therefore, the loan principal exceeds the above remaining loan principal among the plaintiff's assertion that the loan principal is KRW 120,000,000.