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(영문) 전주지방법원 2020.07.15 2019가합1144
사해행위취소등
Text

1. As to KRW 248,887,50 and KRW 26,950,00 among the Plaintiff, Defendant C shall pay to the Plaintiff KRW 43,031,250 from March 15, 2019.

Reasons

1. As to the claim against the defendant C

A. 1) In full view of the overall purport of the arguments in the evidence Nos. 1-1 and No. 6-1 of the evidence Nos. 6-1 of the Loan No. 50 million won as of November 29, 2018, the Plaintiff may recognize the fact that on November 29, 2018, the Plaintiff leased KRW 50 million to Defendant C with the due date set on February 28, 2019, barring any special circumstance, the Defendant C is liable to pay the Plaintiff KRW 50 million and its delay damages. 2) Unless there are special circumstances, the Plaintiff is obliged to pay the Plaintiff the loan No. 1-2 of the loan No. 50 million as of December 15, 2018, taking into account the overall purport of the arguments as to the loan No. 1-2 of the loan No. 50 million won as of December 15, 2018, the Plaintiff extended the loan to Defendant C with the due date set at KRW 30 million.

3) Comprehensively considering the purport of each statement in the evidence No. 1-3 and No. 6-3 of the evidence No. 1-3 of the loan as of December 25, 2018, the Plaintiff, on December 25, 2018, lent a loan of KRW 50 million to Defendant C on March 24, 2019 with a maturity of KRW 4.5 million plus KRW 4,55 million. However, in cases where interest exceeding the limit of the Interest Limitation Act was deducted as the prior interest, the excess portion is null and void, and the obligor is obligated to pay the loan principal on the fixed date only the sum of interest within the scope of the Interest Limitation Act up to the maturity date of payment until the maturity date of payment (see, e.g., Supreme Court Decisions 40 million won and KRW 50 million, Mar. 25, 2019; 2050, Mar. 28, 2017).

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