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(영문) 청주지방법원 2014.06.12 2013가단14859
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and 25% per annum from January 6, 2012 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant Multi- which is a department store corporation (hereinafter “Defendant Company”).

A. In full view of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, it is recognized that the plaintiff loaned KRW 100 million to the defendant company on October 6, 201 by setting the interest rate of KRW 25% per annum and January 5, 2012. Thus, barring any other special circumstances, the defendant company is obligated to pay to the plaintiff the agreed interest rate of KRW 100 million per annum and delay damages at the rate of KRW 25% per annum from January 6, 2012 to the date of full payment.

B. (1) Determination of the Defendant Company’s assertion (1) is based on the claim that: (a) at the time of borrowing money from the Plaintiff, the actual loan amount of KRW 6 million is KRW 94 million with the interest on the loan; and (b) on April 19, 2012, the Plaintiff entered into an annual conference agreement with the Plaintiff for marriage of the Plaintiff’s father-do and the marriage ceremony between the Plaintiff and the Plaintiff; and (c) the Plaintiff would be paid KRW 17,912,00 with the interest on the said loan amount by offsetting the amount of KRW 76,08,00 with the interest on the said loan amount to be paid by the Defendant Company. As such, the amount to be paid by the Defendant Company is equivalent to KRW 76

(2) Whether the interest rate calculated by deducting the pre-paid interest from the pre-paid interest claim exceeds the interest rate prescribed in the Interest Limitation Act should be determined on the basis of the interest rate on the period from the date the debtor actually received to the due date, excluding the pre-paid interest deduction. If the interest rate does not exceed the interest rate on the pre-paid interest as a result of such determination, the pre-paid interest deduction shall be valid as the payment of the interest agreed upon by the parties concerned. The pre-paid interest deduction shall be valid, and the leased principal agreed between the parties before deducting the pre-paid interest shall be the leased principal that the debtor has to pay to the due date.

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