logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.16 2017가단501981
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from May 10, 2012 to February 2, 2017.

Reasons

1. On November 10, 2009, the Plaintiff loaned KRW 50 million to the Defendant on November 10, 2009, and there is no dispute between the parties. In full view of the entries in subparagraphs 3-1 and 2 of the evidence No. 3, and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff and the Defendant, at the time of the above lending, agreed to pay the above KRW 50 million after three months from the lending date, and pay the interest calculated at the rate of 12% per annum (50,000 won per month) on the said money.

Meanwhile, the Plaintiff itself recognizes the fact that he/she received 15 million won from the Defendant over 30 times from January 2010 to May 2012.

In a loan for consumption, it is deemed that an agreement was made to pay the original agreed interest even after the maturity period has expired, inasmuch as no interest agreement was made after the maturity period, barring any special intention (see, e.g., Supreme Court Decision 80Da2649, Sept. 8, 1981). Therefore, with respect to a loan for consumption for the plaintiff and the defendant, the interest rate of 12% per annum under the agreement shall apply from February 10, 201, which was three months after the maturity of the loan. Thus, if the agreement was reached between the defendant and the plaintiff on the loan for consumption calculated at the rate of 15 million won and 12% per annum from November 10, 2009 to May 9, 2012, the defendant is obligated to pay to the plaintiff 5 million won per annum and delay damages calculated at the rate of 12% per annum from the date the complaint was served on the defendant from May 10, 2012 to the date of repayment.

2. As to the Defendant’s assertion, the Defendant alleged to the effect that the amount of KRW 15 million discharged by the Defendant to the Plaintiff should be appropriated for the repayment of principal, but the order of appropriation for payment of expenses, interest, and principal is statutory in accordance with Article 479 of the Civil Act, and Article 476 of the same Act regarding the appropriation for payment of designated obligation.

arrow