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(영문) 서울중앙지방법원 2012.12.14 2012가합58185

대여금

Text

1. The Defendant shall pay 449,735,00 won to the Plaintiff and 30% per annum from July 2, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 7, 2011, the Plaintiff lent 1.1 billion won to the Defendant at an interest rate of 2.5% per month and due date of payment on June 7, 2011, and 30 million won out of the balance after deducting 50 million won as the interest rate for two months from the principal from the principal, upon the Defendant’s request, as a director, to D; and 20 million won was paid to the broker via C; and 5.3 million won was paid to the broker through C; and 994,700,00 won was paid as the cost of establishing the right to collateral for the secured real estate; and 5.3 million won was paid directly to the Defendant (10 million won - 50 million won - 30 million won - 20 million won - 50 million won);

B. On May 2, 2012, the Plaintiff agreed with the Defendant and E to cover all KRW 950 million received from the same day as the principal of the instant loan, and agreed to determine the interest in arrears as KRW 300,000,000, and to additionally lend the instant loan as of July 1, 2012, by setting the interest rate of KRW 2.5% per month and the due date.

[Basis] Facts without dispute; Gap evidence Nos. 2 and 7; Gap evidence Nos. 3 and 5; Gap evidence Nos. 6-1 through 10; Eul evidence Nos. 1-2; Eul evidence Nos. 2-1, 3 and 5; and the purport of the whole pleadings

2. Determination of the amount of KRW 265,00 [2.65,00 won = 50 million + (the actual amount received by the Defendant - 994,700,000 x the highest interest rate x 30% x 2/12)] out of the amount deducted from the principal of the instant loan amount of KRW 50,00,000] is deemed to have been appropriated to the original pursuant to the Interest Limitation Act.

The evidence alone submitted by the Defendant alone is not sufficient to recognize that the instant additional loan agreement is null and void as a juristic act that is contrary to good morals and other social order or significantly lacks fairness.

The Defendant is obligated to pay to the Plaintiff the total amount of KRW 449,735,00 (i.e., KRW 1.1 billion - KRW 95,000,000 - KRW 265,000) and damages for delay at the rate of 30% per annum, which is the agreed interest rate from July 2, 2012 to the date of full payment.

(A) Full acceptance of the Plaintiff’s claim

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