(영문) 인천지방법원 부천지원 2021.03.17 2020가단126967

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(영문) 인천지방법원 부천지원 2021.03.17 2020가단126967

대여금

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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 24% per annum from August 21, 2019 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the statements and changes in Gap evidence Nos. 1, 2, 3, and 4, the plaintiff lent 50 million won to the defendant under an interest agreement of 3% per month on October 10, 2014, the plaintiff extended 20 million won to the defendant under an interest agreement of 3% per month on October 16, 2015. The plaintiff paid 20 million won by the defendant on March 16, 2016. The plaintiff lent 20 million won to the defendant under an interest agreement of 3% per month on March 2016. The plaintiff lent 20 million won to the defendant on August 20, 2019, the plaintiff adjusted the loan between the defendant and the defendant on August 20, 2019, and the defendant lost the remainder of the loan under an agreement of 3% per month on March 16, 2016.

According to the above facts, although the Defendant entered into an agreement with the interest rate of 3% per month from September 21, 2019 to the date of full payment after the Plaintiff was deprived of the interest rate of 70 million won due to the loss of interest due to the loan, and the interest rate of 70 million won from September 21, 2019 to the date of full payment, the Defendant is obligated to pay delayed damages at the rate of 24% per annum

As to this, the Defendant repaid total of KRW 62,600,000 with interest, etc. from November 2014 to March 22, 2017.

The argument is asserted.

Although there is no dispute between the parties that the Defendant paid a total of KRW 62,600,000 as interest during the above period, the Defendant’s repayment of the amount repaid by the Defendant at the time of the issuance of the above loan certificate ( August 20, 2019) exceeds KRW 70,000,000,000, not the agreed interest rate of KRW 3% per month, but the amount repaid to the interest and principal within the scope governed by the Act on the Restriction of Interest. Thus, the Plaintiff did not have paid the amount within the scope of claiming KRW 70,000,000 as principal by arranging the existing loan at the time of the preparation of the loan certificate.

Therefore, the defendant's argument of repayment is without merit.

If so, the plaintiff's claim is reasonable.

유사 판례

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