logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.11.17 2015가단12713
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 106,436,855 and KRW 100,824,432 among them.

Reasons

1. Facts of recognition;

A. On May 26, 2010, the Plaintiff loaned KRW 100 million to Defendant B by setting the interest rate of KRW 3% per month and due date on December 2010, and Defendant C guaranteed the above loan obligations.

(hereinafter “Agreement 1”). Under the Agreement 1, the Plaintiff paid KRW 97 million to Defendant B, 200,000,000,000, which was calculated by deducting the interest of KRW 3 million from the first month’s prior to May 27, 2010.

B. On August 30, 2010, the Plaintiff agreed to set a KRW 100 million as interest rate of 3% per month between Defendant B and make an additional loan.

Pursuant to the above agreement, Defendant B paid the sum of KRW 92 million on August 30, 2010, and KRW 7,200,000 on September 1, 2010, and KRW 92 million on September 1, 2010. The Plaintiff deducted KRW 3% of the monthly interest and KRW 6 million from financial institutions as the expenses incurred in obtaining a loan from the financial institutions.

On October 31, 2010, the Plaintiff changed the loan principal amount to KRW 100 million by November 10, 2010 in the event that the Plaintiff did not supply the said loan to the Plaintiff. Defendant C guaranteed Defendant B’s loan obligations against the Plaintiff.

(hereinafter referred to as “the Second Arrangement”). After November 10, 2010, Defendant B did not supply the destroyed goods under the Second Arrangement to the Plaintiff by November 1, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendants are jointly obligated to pay to the Plaintiff the principal of the leased contract under Articles 1 and 2 within the scope of the Interest Limitation Act. 2) Articles 2(1), 2(3), 2(4), and 3 of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); and Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) with the interest rate under Articles 1 and 2(2).

arrow