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(영문) 서울중앙지방법원 2015.12.22 2015가단5058627

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 113,116,430 and KRW 100,000 among them, from August 31, 2013 to August 2015.

Reasons

1. Basic facts

A. On July 17, 2012, the Plaintiff jointly operated a gold-import business, and lent KRW 100,000,000 to Defendant B and Defendant C, which is urgently needed for the said business funds. The Defendants promised to pay to the Plaintiff totaling KRW 150,000,000,000, in addition to KRW 50,000,000, within one month thereafter.

B. On July 17, 2012, which was the date of the lease under the preceding paragraph, Defendant D and Defendant E jointly and severally guaranteed the above 150,000,000 won payment obligation against the Plaintiff by Defendant B and Defendant C.

C. The Defendants failed to repay the said money at the time of repayment promised under the preceding paragraph, and on August 29, 2012, agreed with the Plaintiff to pay 200,000,000 won plus 50,000,000 won to the said money until September 30, 2012. Nevertheless, as such, if the said amount was not paid at the time of repayment for the re-contract, the period of repayment was delayed by November 30, 2012 with the Plaintiff’s understanding, and again by August 30, 2013.

Defendant D repaid the Plaintiff KRW 1,00,000 on September 6, 2013, KRW 3,000,000 on September 27, 2013, KRW 1,500,00 on October 1, 2013, KRW 21,200,000 on October 21, 2013, KRW 200,000 on November 1, 2013, KRW 8,000,00 on November 18, 2013, KRW 1,50,000 on March 19, 2014, KRW 1,000 on March 21, 200, KRW 1,000 on KRW 1,00 on March 21, 200, KRW 2000 on May 205, 205, etc.

[Reasons for Recognition] against Defendant C and Defendant E: The facts in which the confession is deemed to have been made; the facts in which there is no dispute as to Defendant B and Defendant D; the entries in Party A and Party A Nos. 11 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the interest agreement and the recognition of appropriation for repayment, the Plaintiff agreed to lend KRW 100,000,000 to Defendant B and C as consideration for the lending, and to return KRW 100,000,000 as the last day of August 30, 2013, which is one year from the lending date, in addition to the above consideration. Thus, this can be interpreted as a interest agreement at the above point, and the interest rate shall be 100% per annum.

However, the limit of the interest limitation law during the above period is 30% per annum and above.

참조조문