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(영문) 서울고등법원 2019.10.30 2018나2043379
약정금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim that was modified or expanded by this court, is modified as follows.

Reasons

1. Basic facts

A. The plaintiff is unregistered credit service provider, and the defendants are mother and mother.

On November 22, 2007, the Plaintiff, while lending KRW 100 million to Defendant B, remitted the remaining KRW 94 million after deducting KRW 6 million from the prior interest.

B. On September 22, 2008, the Plaintiff additionally lent KRW 32.2 million to Defendant B.

At the time, Defendant C agreed to jointly and severally pay to the Plaintiff KRW 210,000,00,000 to the Plaintiff including the above money, including the principal and the unpaid interest.

Accordingly, on September 22, 2008, the Defendants drafted a notarial deed of promissory note with the Defendants, and the joint issuers, the payment date of which is fixed at sight, with the Plaintiff’s or the Plaintiff’s face value of KRW 210 million.0 million.

(hereinafter referred to as “notarial deeds of promissory notes of this case”).

On October 28, 2008, the Plaintiff lent KRW 5.2 million to Defendant B.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 10, 11, 12 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4 and 7, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. On November 22, 2007, the Plaintiff: (a) lent KRW 100,000 to Defendant B by setting a rate of KRW 5 million per month; and (b) transferred KRW 94,00,000,000,000,000 for one-month interest after deducting KRW 5 million and KRW 1 million. The Plaintiff, on September 22, 2008, set the rate of KRW 50,000 as agreed on September 22, 2008, lent additional KRW 32,22,20,00 to Defendant B with the issuance of the authentic promissory note of this case by the Defendants. In addition, on October 28, 2008, the Plaintiff loaned KRW 5,20,000 to Defendant B with the same rate (5,000 won per month) as agreed on joint repayment (hereinafter the Plaintiff’s assertion “the loan bond of this case”).

(2) Defendant B’s initial remittance of KRW 94 million from the Plaintiff as its principal is KRW 2,350,000,000,000 per annum under the Interest Limitation Act, which was in force at the time, as its principal. Thus, Defendant B’s calculation of the interest per annum pursuant to the maximum interest rate (30%) under the Interest Limitation Act.

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