logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.08 2017가단116361
대여금
Text

1. The Defendant’s KRW 49,979,451 as well as the Plaintiff’s annual rate from June 4, 2017 to August 8, 2017.

Reasons

1. According to the evidence Nos. 1 and 2, the Plaintiff loaned five million won to the Defendant on September 4, 2015, and the Defendant promised on February 29, 2016 to pay KRW 100 million to the Plaintiff by April 2, 2016.

The plaintiff asserts that the defendant is liable to pay 93 million won to the plaintiff 10 million won after deducting 7 million won paid in around August 3, 2016.

As seen earlier, the Plaintiff lent five million won to the Defendant, and pursuant to Article 4(1) of the Interest Limitation Act, the remainder of the amount exceeding five million won (five million won (five million won x25/100x170x179/365) that the Defendant would pay to the Plaintiff on February 29, 2016 by adding up five million won that was first lent to the Plaintiff on February 29, 2016, is null and void.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 56,130,136 on February 29, 2016.

7 million won as a person who was repaid by the Plaintiff is 849,315 won with interest from April 3, 2016 to August 4, 2016 (=5 million x5/100x5/124/365) from April 3, 2016 to August 4, 2016 (i.e., the amount remaining when the interest and principal are deducted in the order of interest and principal.

2. If so, the defendant is obligated to pay to the plaintiff 49,979,451 won as well as 5% interest per annum from June 4, 2017 to August 8, 2017, and 15% per annum from the next day to the day of full payment. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

arrow