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(영문) 서울북부지방법원 2018.04.10 2017가단13868
대여금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,395,145 and Defendant B with respect thereto from January 7, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 and 2-2, the Plaintiff loaned to Defendant B a prior interest rate of KRW 1 million on August 10, 2015 after deducting one million from the due date set as August 10, 2015. On November 16, 2015, the Plaintiff lent a monthly interest rate of KRW 2 million to 10%; on November 25, 2015, the monthly interest rate of KRW 2 million was set as 10%; on October 4, 2016, Defendant B paid the Plaintiff KRW 5 million each month from November 5, 2016 to KRW 5 million, but if the Plaintiff fails to comply with the payment in installments, Defendant C’s joint and several liability is recognized.

The issue of whether interest exceeds the interest rate on the basis of the interest rate on the period from the loan to the due date, excluding the prior interest deduction amount, shall be determined based on whether the amount of prior interest deducted (including the interest paid by the debtor until the due date, if any) exceeds the amount. If the result of such determination exceeds the amount, the excess amount shall be appropriated to the principal of the loan before the due date and the remainder after such appropriation is made to the debtor at the due date (see Supreme Court Decision 2014Da24785, 24792, 2488, Nov. 13, 2014). The Plaintiff paid only the remainder after deducting one million won from the prior interest rate of 10 million won on August 11, 2015 to the due date (see Supreme Court Decision 200,000 won). Accordingly, the Defendant’s prior interest rate of more than 250,000 won x 3750,000 won per annum 265,000 won per annum.

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