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(영문) 서울중앙지방법원 2020.05.12 2019가단5116491
약속어음금
Text

1. The Defendants jointly combine with the Plaintiff, KRW 150,00,000, and Defendant B with respect thereto, and Defendant C with respect thereto from April 9, 2019.

Reasons

1. Basic facts

A. On December 23, 2015, the Defendants borrowed KRW 100,000,000 from the Plaintiff, and agreed on March 22, 2016 as the interest rate of KRW 3% per month, and agreed on March 22, 2016. On March 22, 2016, the Defendants prepared and delivered to the Plaintiff a notarial deed of promissory note amounting to KRW 150,000 (hereinafter “instant Promissory Notes”).

B. The Defendants repaid to the Plaintiff KRW 3,00,000 on August 26, 2016, and KRW 3,000,000 on December 27, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.

2. Determination

A. The plaintiff asserts that even if the above repayment amount is deducted from appropriation of performance, the plaintiff asserts that the amount of interest calculated at the rate of 24% per annum under the Interest Limitation Act exceeds the amount of the Promissory Notes, the plaintiff claims for the payment of the instant Promissory Notes and damages for delay from March 23, 2016 for the interruption of extinctive prescription. Meanwhile, the defendant C made an investment of KRW 100,000 and paid KRW 150,000,000 after three months, but the interest should be calculated based on the above investment principal.

The claim that the reimbursement was made as stated in this paragraph.

B. According to the above findings of determination, the amount paid by the Plaintiff to the Defendants constitutes loans under a monetary loan contract. Even according to the Plaintiff’s assertion, KRW 16,50,00,00 that the Defendants repaid on August 26, 2016 to the Plaintiff, up to 16,306,849 won (i.e., 100,000,000 KRWx24% x248/365, and less than KRW 16,50,000,000, KRW 16,500 -16,306,849 won that the Plaintiff loaned to the Defendants, up to 24% interest rate of KRW 16,30,000 per annum, 193,151 won (i.e., 16,50,000 - 16,306,849 won), and principal amount of KRW 300,91,000 that the Plaintiff loaned to the Defendants (i.

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