beta
(영문) 의정부지방법원 2019.06.27 2018가단129176

대여금

Text

1. The defendant shall pay 64,630,136 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

Basic Facts

A. On March 17, 2010, the Plaintiff agreed to receive interest of 36% per annum from the Defendant and lent KRW 100 million to the Defendant.

The repayment amount of KRW 2,00,000,000 on July 16, 2012, KRW 50,000 on July 16, 2012, KRW 3,00,000 on November 5, 2012, KRW 15,000 on July 15, 2014

B. The Defendant repaid the above loan to the Plaintiff as follows.

C. At the time of repayment, the Defendant issued each written confirmation in attached Forms 1 and 2 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, claims by the parties concerned to the purport of the whole pleadings, and the purport of the whole pleadings, the plaintiff lent the principal amount of KRW 100 million to the defendant on March 17, 2010. The defendant repaid to the plaintiff a total of KRW 110 million as repayment Nos. 1, 2, and 3, but the plaintiff and the defendant did not have separately agreed on the method of appropriation for the above repayment.

Therefore, with respect to the above loan, the agreed interest rate under the Interest Limitation Act (the plaintiff used the expression "interest"; however, the part of the plaintiff's assertion after the due date of payment shall be calculated as claiming for the payment of delayed damages) and the remaining principal shall be KRW 79,150,000 as of November 5, 2012, if the repayment of KRW 50 million, which was made on July 16, 2012, is appropriated in the order of "interest" and "principal", and the repayment of KRW 50,000,000,000, which was made on November 5, 2012, is appropriated for the principal and is appropriated for the remainder of the principal.

Then, based on the above remaining principal KRW 79,150,00,000, when calculating damages for delay until July 14, 2014, the Defendant’s third repayment date, within the scope of the limitation under the Interest Limitation Act, is KRW 40,101,00,00, which is the Defendant’s third repayment date, and thus, the Defendant’s third repayment payment of KRW 10,00,000 shall be fully appropriated for damages for delay.

In sum, the Defendant’s total amount of KRW 109,251,00 [the principal of KRW 79,150,000 and the principal of KRW 30,101,000 as damages for delay up to July 14, 2014 (=40,101,000-10,000)] and the above amount.

참조조문