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Reasons
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(영문) 서울북부지방법원 2015.07.09 2015가단14065
대여금
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1. The defendant shall pay KRW 22,163,013 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The Plaintiff asserted that the Defendant received a high-level loan of KRW 15 million on July 10, 2013. The Plaintiff claimed that, on behalf of the Defendant, KRW 15 million, and KRW 22 million, calculated at the rate of 39.4% per annum from July 10, 2013 to February 10, 2015, the Plaintiff paid KRW 200,000,000, internal medicine treatment expenses, KRW 300,00,000,00 for oil, KRW 300,000,000,000 for telephone, KRW 300,000,00 for entertainment expenses, KRW 30,00,00,000,00 for documents preparation expenses, and KRW 300,000,000 for 30,000,000 for the above loan, the Defendant did not receive the above KRW 5,500,000,00.

2. Determination

A. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 through 3 as to the claim for the payment of principal and interest, the defendant agreed to pay KRW 15,00,000 to the plaintiff at latest until July 30, 2013, while borrowing KRW 15,00,000 from a third party through the plaintiff on July 10, 2013, and paying KRW 375,000 to the plaintiff as interest on each five day.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 15,00,000 won and interest thereon at the rate of 7,163,013 won per annum prescribed in Article 2 of the Interest Limitation Act (amended by Act No. 12227) from July 10, 2013 to February 10, 2015 (=15,00,0000 x (1216/365) x 30%). Thus, the plaintiff's above assertion is with merit within the scope of recognition.

(The plaintiff's assertion that exceeds the interest rate of 30% per annum is without merit, since there is no evidence to acknowledge an agreement of interest or subrogation for interest based on the rate of 39.4% per annum as asserted by the plaintiff.

In addition, only the evidence No. 1 to No. 3 of the judgment on the claim for monetary payment is written only by the Plaintiff’s lending of money to the Defendant, and KRW 200,000,000,00,000,00,000,000.

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