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(영문) 수원지방법원안산지원 2019.12.11 2019가단61789
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 49,50,042 and Defendant C from August 18, 2012 to April 19, 2019.

Reasons

1. On September 5, 201, the Plaintiff: (a) lent KRW 50,000,000 to Defendant B for the interest rate of KRW 3% per month; and (b) on December 5, 2011, the period of reimbursement was determined and lent; and (c) Defendant C guaranteed Defendant B’s obligation.

Defendant B paid the Plaintiff KRW 4,50,000,000 as interest on the said loan, and KRW 1,500,000,000 on November 7, 201, and KRW 1,50,000 on January 7, 2012.

Defendant C paid KRW 10,00,000 to the Plaintiff on June 9, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4(=2), 5, 1, and the purport of the whole pleadings

2. Determination

A. (1) Determination on the cause of the claim 1) The former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011); hereinafter “former Interest Limitation Act”

According to Article 2(1), (3), (4), 3, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate on a monetary loan contract is 30% per annum. The portion above the above maximum interest rate is null and void. If the debtor voluntarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the over-paid interest shall be appropriated for the principal (see Supreme Court Decision 2012Da5198, Oct. 11, 2012). Under the above legal principles, the Defendants’ repayment amount is 10.10,58, 201, 30, 197, 209, 201, 205, 10, 207.18, 207, 196, 205, 201, 10.67, 2015, 2016.

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