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(영문) 서울동부지방법원 2016.07.01 2016가합507
채무보증금등 반환청구
Text

1. As to KRW 400,00,00, out of KRW 562,476,712, the Defendant paid to the Plaintiff KRW 14% per annum from February 3, 2016 to July 1, 2016.

Reasons

Facts of recognition

The following facts are not disputed between the parties, or acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 5, and 8.

On October 11, 2011, the Plaintiff leased KRW 300 million to C, who is the Defendant’s wife, at the maturity of October 10, 2012 and at the interest rate of 14% (the Defendant claimed that it is investment money, but there is no counter-proof corresponding thereto). At the time, the Defendant jointly and severally guaranteed it.

C on the same day, with respect to No. 103, 107, the Seocho-gu Seoul Metropolitan Government D apartment, one owned by the Plaintiff, set up a collateral of KRW 420 million with the maximum debt amount of KRW 107,000.

On July 13, 2012, the Plaintiff set the amount of KRW 100 million to the Defendant at 14% per annum.

After that, the Plaintiff received interest on the total amount of KRW 400 million from the Defendant until March 10, 2013.

The Plaintiff’s assertion that each of the above loans of KRW 400 million and the agreed interest rate of KRW 14% per annum from March 11, 2013, to KRW 560,590,000 and KRW 400,000,000,000 per annum, and the interest rate of KRW 16,390,000,000 per annum from the day following the delivery date of a copy of the complaint of this case to the day of full payment.

Judgment

According to the facts acknowledged in Paragraph 1, the defendant's agreement that is calculated by the ratio of 14% per annum from March 11, 2013, the day following the date of final receipt of interest on each of the above loans to the plaintiff from February 2, 2016 to February 329, 2016, including 162,476,712 won (=40 million won x (2329/365) x 14/100, and less than KRW 462,476,712 won (= KRW 462,476,712), and from February 3, 2016 to February 2, 2016, the agreement that is concluded reasonable for the defendant to pay 162,476,712 won per annum from the following day of the above written complaint to February 16, 2016.

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