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(영문) 대법원 2018. 05. 15. 선고 2018두34220 판결
(심리불속행) 특수관계자간 금전대여에 대한 인정이자율은 산정시 적용하는 ‘시가’에 대한 해석[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-54717 ( December 20, 2017)

Title

(C) The interest rate for the loan of money between persons with a special relationship shall be interpreted as the market price applied when calculating the interest rate for the loan of money.

Summary

(W) The weighted average loan interest rate is based on the loan as at the time of loan, and the plaintiff and the mutual aid association are deemed to be a specially related person.

Related statutes

Article 52 (Dispudiation of Wrongful Calculation)

Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.

Since it is apparent that there is no reason for falling under Article 4 of the Act on Special Cases Concerning the Law, an appeal under Article 5 of that Act

All of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

May 15, 2018

Judges

Justices Cho Jae-chul et al.

Judges

Justices Ko Young-han

Justices Kim So-young

Judges

Justices Kwon Soon-il

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