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(영문) 광주지방법원 2014.12.23 2014가단39768
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from August 6, 2013 to the date of full payment.

Reasons

1. Basic facts

A. Defendant LIC Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a stock company that operates the collection of earth and rocks located in the area of U.S. located in the area of U.S. in the U.S.

B. On March 6, 2013, the Defendant Company borrowed KRW 100 million from the Plaintiff for the purpose of oil payment in the above collection of earth and rocks, and set the interest at the time of the Plaintiff’s request on 3% per month and the due date after July 31, 2013, and the Defendant B guaranteed the above obligation of the Defendant Company.

C. The Plaintiff received interest on the said borrowed money from the Defendant Company until August 5, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the above borrowed amount of KRW 100 million and the agreed interest or delay damages.

However, according to the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, since after June 30, 2007, the enforcement date of the above Act, the maximum interest rate under the contract on lending and borrowing money is 30% per annum and the above restriction interest rate is null and void, it is reasonable to view that the above loan agreement is valid only within the maximum of 30% per annum, which is the above maximum interest rate.

3. As to the Defendants’ assertion, the Defendants asserted on January 21, 2014 that, instead of paying the above loan amount of KRW 100 million, the Defendant transferred KRW 110,000,000 to the Plaintiff out of the construction price in the said collection of earth and rocks held by the Defendant Company against the limited liability company EM industry, the said balance of the loan amount was extinguished.

However, the transfer of another claim to the creditor in relation to the repayment of the obligation is presumed to have been transferred by means of a security for repayment of the obligation or a method of repayment, barring special circumstances, and it is not deemed to have been substituted for the repayment of the obligation, and in such case, the transfer of the obligation is immediately effective.

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