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(영문) 인천지방법원 2017.12.07 2017나5990
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in credit business in the name of “C” after completing registration of credit business in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

B. On May 19, 2014, the Plaintiff entered into a loan agreement with the Defendant on July 20, 2014, setting the maturity of KRW 3 million at 3 million at 32% per annum of the interest rate and the overdue interest rate.

C. Accordingly, the Plaintiff remitted to the Defendant KRW 2 million on May 19, 2014, and KRW 1 million on May 22, 2014.

The Plaintiff received a total of KRW 2,165,000 from the Defendant as follows.

On June 20, 2014, KRW 2,165,00 in total, KRW 2,165,00 in total, KRW 300,000,000 on September 12, 2014, KRW 370,000 on September 5, 2014, KRW 300,000 on September 36, 2014, KRW 300,000 on December 17, 2014, KRW 17,000 on December 17, 2015 (based on recognition) did not dispute [based]; Party A, 1,8, Party A, 3-1, 2, and Party A7-1; and the purport of the whole pleadings.

2. Determination

A. Inasmuch as there is no ground to deem that there was a separate agreement or designation on the method of satisfaction of claim between the original Defendant and the original Defendant regarding the method of satisfaction of claim, the repayment amount recognized in Article 479(1) and (2) and Article 4777(4) of the Civil Act should be appropriated to repay the loan in the order of statutory appropriation prescribed in Article 479(1) and (2) and Article 477(4) of the Civil Act, as indicated in the attached table of appropriation of claim, the principal amount of KRW 1,824,473 remains as of August 17, 2015 (the initial date of the payment of interest shall be the date the Plaintiff actually remitted the money, and the agreed rate between the original Defendant and the Defendant shall be calculated in accordance with Article 8(1) of the former Credit Business Act (amended by Presidential Decree No. 12493, Mar. 18, 2014). Thus, the agreement on the interest and interest rate shall not exceed 34.9%.

The defendant's assertion is first asserted that the plaintiff agreed to exempt the interest obligation, but there is no evidence to acknowledge it.

In addition, the defendant is recognized above.

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