(심리불속행) 특수관계자간 금전대여에 대한 인정이자율은 산정시 적용하는 ‘시가’에 대한 해석[국승]
Seoul High Court-2017-Nu-54717 ( December 20, 2017)
(C) The interest rate for the loan of money between persons with a special relationship shall be interpreted as the market price applied when calculating the interest rate for the loan of money.
(W) The weighted average loan interest rate is based on the loan as at the time of loan, and the plaintiff and the mutual aid association are deemed to be a specially related person.
Article 52 (Dispudiation of Wrongful Calculation)
All appeals are dismissed.
The costs of appeal are assessed against each appellant.
Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.
Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act
All of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
May 15, 2018
Justices Cho Jae-chul et al.
Justices Ko Young-han
Justices Kim So-young
Justices Kwon Soon-il