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(영문) 서울중앙지방법원 2015.10.22 2014가합55036
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 817,624,863 as well as KRW 452,330,90 among them, from July 18, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On May 11, 2009, the Plaintiff entered into an agreement with the Defendant and B (hereinafter “B”) to lend KRW 1,500,000 to the Defendant (hereinafter “instant loan”), and B to provide financial advice, etc. to the Defendant.

(hereinafter “instant loan agreement”). (b)

At the time of the instant loan agreement, the repayment period for the loan was 12 months after the date of the first loan payment, and interest was set at 4% each month, and the Plaintiff agreed that the Defendant’s repayment amount may be repaid to the Plaintiff in the order of the commission, commission, overdue interest, interest, and principal.

C. The Plaintiff paid the following loans to the Defendant in accordance with the instant loan agreement.

The temporary amount of KRW 500,00,000 on May 15, 2009, the fee of KRW 469,932,192 on May 29, 2009, and other expenses, except for KRW 30,067,80 on June 2, 2009, KRW 50,000,000 on June 2, 2009

D. The Defendant repaid the interest and principal of the instant loan to the Plaintiff as follows.

Temporary amount of KRW 50 million on May 24, 2010, KRW 50,000 on June 3, 2010, KRW 50,000,000 on June 3, 2010, KRW 740,000 on November 7, 2010, KRW 580,000 on December 7, 2010, KRW 30,000 on January 4, 201, KRW 250,000 on March 28, 2014, KRW 1,970,000,000 on a total of KRW 1,970,00,000 on March 28, 2014 [founded grounds] without dispute, Gap 2,3,5, Eul 1,2, and 4 (including the number of pages, hereinafter the same shall apply), the purport of the entire pleadings, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Plaintiff loaned KRW 1,50,000 to the Defendant and received KRW 1,970,000 as the repayment of interest and principal. Although the agreed rate is 48% per annum, the agreed rate is calculated by calculating the annual interest rate of KRW 30% pursuant to the Interest Limitation Act, and if it is appropriated for payment, the principal and interest amount is 936,171,843 won (principal principal interest of KRW 502,207,079, KRW 43,964,764) until July 17, 2015.

Therefore, the Defendant’s interest calculated at the rate of 30% per annum under the Interest Limitation Act from July 18, 2015 to the date of full payment with respect to KRW 936,171,843 and the principal amount of KRW 502,207,079 among the Plaintiff.

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