(영문) 서울중앙지방법원 2014.11.21 2014가합23374

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(영문) 서울중앙지방법원 2014.11.21 2014가합23374

대여금

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1. As to the Plaintiff, the Defendant: (a) 42,515,856 United Nations and 30,500,000 United Nations among them, from July 19, 2013 to March 19, 2014.

Reasons

1. Facts of recognition;

A. The Defendant, a company aimed at credit business, etc., is attracting funds by entering into a high interest rate agreement with Japan.

B. On June 7, 2008, the Plaintiff loaned the loan agreement between the Plaintiff and the Defendant at 10.5% per annum on the final interest rate of 3,00,000 UN to the Defendant at 10.5% per annum according to the deposit period (one-year interest rate: 8.5% per annum; 2-year: 9% per annum; 3-year: 9.5%; 4-year: 10% per five years: 10.5%; 10.5% per five years; 10.5% per five years or more); and 40,000,000 UN over 16 times as listed in the following table:

C. The details of the Plaintiff’s loan to the Defendant are as follows, and the interest accrued from the date of occurrence of interest on each loan to July 18, 2013 is as follows. The interest accrued from July 18, 2013 is as follows.

B CD E F GH I JJ J N P (based on recognition), without dispute, Gap evidence 1 to 3 (including paper numbers), the purport of the entire pleadings

2. Determination

A. The governing law of this case is related to the lending of money between the plaintiff who is a Japanese citizen and the defendant established under the law of the Republic of Korea, and has foreign elements and the governing law should be determined under the Private International Act

Article 25 of the Private International Act provides that the governing law of a contract may be determined explicitly or implicitly by the parties, and Article 26(1) provides that the law of the country most closely connected to the contract shall be the governing law in case the parties fail to choose the governing law of the contract. In light of the fact that the governing law of the case is the law of the Republic of Korea, and that the plaintiff claims a loan on the premise that the governing law of the case is the law of the Republic of Korea, and that the defendant does not dispute the governing law of the case, the plaintiff and the defendant shall be deemed to have chosen the governing law of the monetary lending agreement as the Korean law. Even if it is not so, considering

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-국제사법

-국제사법 제25조

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