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(영문) 서울북부지방법원 2017.10.24 2016가단133765
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,903,641 as well as 30% per annum from March 9, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. From August 27, 2012 to March 8, 2013, the Plaintiff leased a total of KRW 123,576,000 to the Defendant, as indicated in the “loan” column in the attached Form.

(hereinafter “instant loan”). (b)

From September 7, 2012 to March 8, 2013, the Defendant repaid to the Plaintiff the sum of KRW 102,436,00,00, as stated in the “Performance” column in the above settlement statement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the apartment would be repaid as if it was purchased and sold, set the Plaintiff’s interest rate of 0.4% and borrowed the instant loan from the Plaintiff.

However, the Defendant did not pay the remainder of the loan despite the fact that the instant loan was partially repaid and the apartment house was sold around August 2, 2013.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25375, Jun. 11, 2014). Thus, if the agreed interest exceeds the interest rate under Article 2(1) of the former Interest Limitation Act, the Defendant is obligated to pay to the Plaintiff the remainder of the loan principal amounting to KRW 27,903,641 and the interest or delay damages amounting to 30% per annum.

B. The defendant's assertion that the defendant merely borrowed the loan of this case to be used for a short period, and did not agree on the interest rate on the loan of this case.

Therefore, if the amount repaid by the Defendant is appropriated for the interest and the principal calculated at 5% per annum, a civil statutory interest, the Defendant should pay to the Plaintiff the remaining principal of the loan and the interest or delay damages of 5% per annum.

3. Determination

A. According to the above evidence and the statements in Gap evidence Nos. 1 and 3, the plaintiff shall perform the duty of integrated repayment of debt.

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