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(영문) 서울중앙지방법원 2020.11.11 2019가단5260169

대여금

Text

1. The Defendants jointly share KRW 26,300,000 with respect to the Plaintiff and the period from November 7, 2019 to November 11, 2020.

Reasons

1. Basic facts

A. On January 4, 2017, the Plaintiff loaned KRW 50 million to Defendant B at an interest rate of 10% per month and due date on April 30, 2017.

Since then, Defendant C agreed to jointly repay the above debt of Defendant B to the Plaintiff.

B. The Defendants: (a) KRW 20 million on June 6, 2017; (b) KRW 1 million on March 1, 2018; and (c) the same year.

4.2. 50,000 won, and the same year.

4. 12.50,000 won was repaid to the Plaintiff.

C. The Plaintiff asked D to receive loans from the Defendants and notified D of the account number in the name of the Plaintiff.

D urged the Defendants to repay the borrowed money to the Plaintiff, and the Defendants were to account in the name of E designated by D with April 20, 2019, KRW 500,000,000,000,000,000

4. 20,000 won in 24.20,000 won in the same year.

5. One million won was deposited on 15.15.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2 and 4, the purport of all pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that Defendant B lent KRW 50 million to Defendant B at an interest rate of 10% per month, and Defendant C agreed that Defendant C would jointly repay the above obligation to the Plaintiff. The Defendants paid only KRW 22 million.

If the above repayment amount is appropriated in the order of the interest (damage for delay) and the principal calculated at 24% per annum, which is the maximum interest rate under the Interest Limitation Act, the principal amount shall remain at 35 million won and the interest (damage for delay). Therefore, the Plaintiff shall jointly claim for payment of the remaining principal and interest of 39.3 million won and damages for delay calculated at the rate of 24% per annum from March 7, 2018, which is the date following the date of settlement, to the date of repayment.

B. The gist of the Defendants’ assertion is as follows: (a) even if the Defendants did not pay interest, the Plaintiff exempted the Defendants from interest (damage for delay) by providing that only the principal should be returned; (b) the Defendants repaid KRW 22 million to the Plaintiff from June 6, 2017 to April 12, 2018; and (c) thereafter, the Plaintiff delegated the Defendants’ right to recover the borrowed amount to the Plaintiff.

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