beta
(영문) 서울고등법원 2016.03.18 2015나11030

대여금등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 22, 2009, the Plaintiff loaned KRW 200,000,000 to C with interest rate of KRW 2% per month.

B. The Plaintiff received interest from C on the principal and interest of the said loan until October 2010.

C. On November 2, 2010, the Defendant, who was a company substantially operated by C, agreed to pay to the Plaintiff the interest amounting to KRW 200,000,000,000 to the Plaintiff by November 15, 2010 without any change (2% per month).

(A) Nos. 2 and 7, hereinafter “the principal and interest of the instant loan”) D.

From October 17, 2012 to May 17, 2013, the Plaintiff received KRW 92,000,000, in total, from C and the Defendant, for eight months each month, as payment of the principal and interest on the instant loan.

Meanwhile, around October 2014, the Plaintiff received an additional amount of KRW 3,000,000 through a seizure and auction procedure of corporeal movables against C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination on the cause of the claim, according to the above facts, the defendant is obligated to pay to the plaintiff the agreed interest rate of 200,000,000 won and 24% per annum from November 2, 2010, and delay damages based on the agreed rate.

However, the above 1.D.

As stated in paragraph (1), the sum of KRW 95,00,000 paid by the Plaintiff from C and the Defendant falls short of the total amount of interest and delay damages until each due date. Therefore, it shall be appropriated for all interest pursuant to Article 479(1) of the Civil Act.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 294,501,370, total sum of the principal and interest on the unpaid loan as of October 13, 2014 [200,000,000 won = 200,000,000 x 0.24 x (346/365) x (365) - 95,000,000] and damages for delay calculated at the rate of 24% per annum from October 25, 2014 following the delivery date of a copy of the instant complaint to the day of full payment.

B. As to the defendant's assertion, the defendant's judgment on this issue is made on 208.