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(영문) 대구지방법원 2017.06.29 2016가합3755

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 320,00,000 among the Plaintiff and KRW 300,000,000,000 from July 16, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 20, 2015, the Plaintiff: (a) determined the due date for payment on July 15, 2015; and (b) lent a loan amount of KRW 300,000,000,000 to the Defendant, a company for real estate development business, etc., without having determined interest thereon; and (c) was drafted by the Defendant with a loan certificate, the content of which is 36%.

B. After that, on August 18, 2015, the Plaintiff leased KRW 20 million to the Defendant on September 30, 2015 without determining the interest, and received a loan certificate from the Defendant with its content.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the defendant sought payment of interest calculated at the rate of 25% per annum from July 16, 2015 to the date of full payment with respect to each of the above loans of 320 million won and 300 million won, as requested by the plaintiff, within the limit of the interest limitation under the Interest Limitation Act from July 16, 2015 to the date of full payment, and with respect to the remainder of 20 million won, from October 1, 2015 to the date following the due date (the plaintiff sought payment of interest calculated at the rate of 6% per annum from August 18, 2015 to the date of full payment with respect to the above loans of 20 million won (the plaintiff's claim for this part cannot be accepted) from the date following the date of full payment with respect to the existence or scope of the obligation of the defendant to pay interest from the time of borrowing the above money from the plaintiff to the date of full payment.

B. As to the Defendant’s argument regarding the defense of the assignment of 1 assignment of claims, the Defendant shall determine the Defendant’s assertion against the Defendant, 200 million won, which is part of the Plaintiff’s loan claim of this case against the Defendant, to Nonparty C.