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(영문) 서울중앙지방법원 2016.07.15 2015나57538
대여금
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasons why this Court shall state this part of the basic facts are as follows: (a) written “attached Form 4(1)” shall be as “attached Form 1”; (b) written “attached Form 4(3)” shall be as “attached Form 2”; and (c) written as “attached Form 4(2)” shall be as “attached Form 2”; and (d) written as “attached Form 4(9)” shall be as stated in the relevant part, except that the following is added to the following matters. Therefore, it shall be cited as it is in accordance

In addition, the Plaintiff agreed to provide the instant loan to each client listed in attached Forms 1 and 2 at an annual interest rate of 39% or 48% per annum, and the Act on Registration of Credit Business and Protection of Finance Users (hereinafter “Credit Business Act”).

(B)The limited interest rate under the Enforcement Decree and the limited interest rate under the attached Form 1 shall be as listed in the attached Form “interest Rate” for each loan listed in the attached Form 1, and 44% per annum for each loan listed in the attached Form 2.

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid portion of the principal and interest of the instant case under the instant contract.

B. (1) At the time of entering into the instant contract, the Plaintiff agreed with Defendant A to receive 5% of the loan as a financial service fee, and accordingly, claimed that the Plaintiff was paid the instant loan to the clients (on an actual basis, the Plaintiff did not pay 5% of the loan and paid 95% of the loan).

(2) There is no evidence to prove that the Plaintiff entered into the above agreement with Defendant A, and Article 8(2) of the Credit Business Act provides that “In calculating the interest rate pursuant to paragraph (1), all payments that a credit service provider receives in relation to a loan regardless of its name, such as honorariums, discounts, fees, mutual aid, overdue interests, and substitute payments, shall be deemed interest.” Thus, the instant fee shall be deemed interest.

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