logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.12.20 2017가단16034
대여금
Text

1. As to KRW 17,865,545 and KRW 17,704,027 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 19, 2016 to December 20, 2017.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserts that 23.5 million won should be paid at 30% per annum from the Defendant, and in full view of the purport of the entries and arguments in the evidence No. 2, the Plaintiff agreed to be paid at 3.5 million won per annum between the Defendant and the Defendant on May 21, 2010 (hereinafter “instant agreement”). As such, the Plaintiff may be recognized as having agreed to be paid at 3.5 million won per annum with the Defendant (hereinafter “instant agreement”).

However, there is not sufficient evidence to acknowledge that the interest as stipulated in the agreement of this case exceeds 30% per annum on the sole basis of the statements in Gap evidence Nos. 1, 3, and 5, and there is no other evidence to acknowledge it.

B. Meanwhile, on May 21, 2015 and May 30, 2016, the Plaintiff was a person who received reimbursement of KRW 5 million from the Defendant and appropriated it for interest.

According to the above facts of recognition, each of the above amounts of five million won shall be appropriated as follows:

1) As above, KRW 3,526,926 for interest on the instant agreed amount from May 21, 2010, which is the date of the instant agreement, to May 21, 2015, from May 21, 2015, to May 21, 2015, which is the date of the instant agreement, (i) KRW 3,526,926 for interest on the instant agreed amount (= Principal KRW 23.5 million ¡¿ interest rate of KRW 3% per annum x (5 year 1/366 days), and forest below KRW 5 million; hereinafter the same shall apply).

(2) The remainder of the principal due to the above repayment is KRW 22,026,926 (i.e., KRW 23.5 million - KRW 1,473,074). (ii) The remainder of the principal due to the above repayment is KRW 5 million from May 22, 2015 to May 30, 2016 (i.e., the date following the earlier repayment) (i., May 22, 2015 to May 30, 2016, KRW 677,101 [the principal 22,026,926 x 3% per annum x 9/365 days)].

② Since the above repayment amount to KRW 5 million is appropriated in sequence to the above interest amounting to KRW 677,101, and principal amount to KRW 4,322,899, the remaining principal due to the above repayment amount to KRW 17,704,027 (=22,026,926 - KRW 4,322,899).

C. Therefore, the remaining principal and interest of the instant agreed amount as of September 18, 2016 are KRW 17,865,545 (=interest of KRW 17,704,027 on principal = KRW 161,518 (= Principal KRW 17,704,027) x interest rate of KRW 3% per annum.

arrow