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(영문) 대구지방법원 2020.02.05 2018가단115310

대여금

Text

1. The Defendants jointly share KRW 35,701,410 with respect to the Plaintiff and KRW 5% per annum from May 1, 2018 to February 5, 2020.

Reasons

1. Facts of recognition;

A. From January 18, 2016 to December 16, 2016, the Plaintiff loaned to Defendant B each money indicated in the “loan Date” column in the attached loan content sheet at the rate of 5% per month.

B. From March 15, 2016 to June 29, 2017, Defendant B repaid to the Plaintiff each money indicated in the “payment date” column in the annexed repayment statement.

C. On April 26, 2017, Defendant B: (a) deemed the total amount of outstanding loans to the Plaintiff as KRW 110,000,000,000; and (b) drafted a letter stating that the remaining KRW 70,000,000 among the loans would be repaid until September 26, 2017; and (c) that the remainder KRW 70,000,000 would be repaid until September 2018.

At this time, Defendant B’s ASEAN stated his name, address, resident registration number and mobile phone number in the creditor column and marked his seal.

Defendant B, while paying the Plaintiff KRW 40,000,000 on June 29, 2017, issued a certificate to the effect that Defendant B would repay KRW 70,000,000 to the Plaintiff on April 30, 2018.

At this time, the Plaintiff exempted Defendant B from the obligation to pay interest.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including each number), the plaintiff's personal examination result, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion is liable to pay to the plaintiff KRW 70,000,000 on the basis of the above letter and certificate and the delay damages.

B. Determination 1) In a case where contractual interest rate exceeds the maximum interest rate stipulated under the Interest Limitation Act, the portion exceeding the maximum interest rate is null and void, and where an obligor voluntarily pays interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal of the obligation (see, e.g., Supreme Court Decision 2012Da55198, Oct. 11, 2012). “Provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act (Presidential Decree No. 25376, Jul. 15, 2014)” (see, e.g., Supreme Court Decision 25376, Jul. 15, 2014).