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(영문) 창원지방법원 2016.01.29 2015가단13860
대여금 등
Text

1. As to KRW 62,024,134 and KRW 51,874,297 among the Plaintiff, Defendant B shall be from August 28, 2013 to July 14, 2014.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition are as follows: (a) from December 28, 201 to August 27, 2013, the Plaintiff determined a total of KRW 59,230,000 as stated in the “loan Amount” on the attached Table for Appropriation of Performance to Defendant B by 4% per month or 5% per month on nine occasions; and (b) the fact that the Plaintiff lent a total of KRW 59,230,00 to Defendant B by 4% per month interest or 5% per month is not disputed between the parties; or (c) the purport of each of the evidence Nos. 1, 2, 3, and 8 (including the serial number; hereinafter the same shall apply) and all of the pleadings, and the fact that the instant complaint stating the intention of return of the loan was served on Defendant B on July 22,

Meanwhile, from January 28, 2012 to January 22, 2013, the Plaintiff itself acknowledges that he/she received a total of KRW 14,180,000 on 24 occasions, as indicated in the “amount of performance” column of the attached Table for Appropriation of Performance from Defendant B.

B. According to the above facts of recognition, the money paid by Defendant B is insufficient to fully repay the above loan obligations, and there is no agreement or designation right between the Plaintiff and the Defendant on the satisfaction of obligations, and thus, the above amount should first be appropriated to the interest up to the date of each repayment according to statutory appropriation, and the excess amount should be appropriated to the principal, but the interest on the loan should be appropriated to the principal. The same applies to the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014; hereinafter the same applies).

(A) If an application for appropriation is made by limiting the annual interest rate of 30% under Article 2, etc., the amount of the loan principal amounting to KRW 66,249,333 as of August 27, 2013, as indicated in the attached Table of Appropriation of Performance (i.e., the principal amounting to KRW 54,470,331 (i.e., KRW 11,779,002).

Therefore, as the Plaintiff seeks, Defendant B is within the scope of the amount appropriated as above and, as the Plaintiff seeks, from August 28, 2013 to July 14, 2014, with respect to the loan principal of KRW 62,024,134 as well as principal of KRW 51,874,297 as of the above base date, 30% per annum, which is the limit prescribed by the former Interest Limitation Act, and the interest limit amount sought by the Plaintiff from the next day to the day of full payment.

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