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(영문) 서울중앙지방법원 2015.05.12 2014가합594630

이자 등 반환청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 22, 2013, the Plaintiff concluded a loan agreement (hereinafter “instant loan agreement”) with the Defendant on February 24, 2014, setting the principal amount of the loan as KRW 20 billion, interest at KRW 7% per annum, and the due date for repayment on February 24, 2014 (12 months from the date of withdrawal), in order to raise funds related to the sale in lots and rental business of Il-dong-dong 869 ground.

B. On February 25, 2013, the Defendant deposited the remainder of KRW 19.67 billion in the Plaintiff’s deposit account after deducting the financial intermediary fee of KRW 330 million (including value-added tax of KRW 30 million) from the loans of KRW 20 billion.

C. From March 25, 2013 to March 5, 2014, the Plaintiff paid KRW 21,041,598,695 in total to the Defendant as repayment for the instant loan. Of the above, the Defendant appropriated KRW 20 billion in principal, the remainder of KRW 1,041,598,695 in interest and overdue interest.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant paid to the Plaintiff the remainder of KRW 19.67 billion after deducting KRW 330,000,000 as financial intermediary fees out of KRW 20 billion under the instant loan agreement. According to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), the principal based on the instant loan agreement is KRW 19.67 billion. Based on the foregoing, the Plaintiff’s repayment of the amount the Defendant paid to the Defendant as of March 5, 2014 was KRW 3,402,495,252, and KRW 30,000,000,000,000,000 KRW 330,000,000,0000,000,000 KRW 330,000,000,000,000 per annum 30,000,0000,000 per annum 30,03636,000 per annum.