logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.28 2015나2011845
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The plaintiff's ground for claim

A. From March 2008 to March 2013, the Plaintiff borrowed from the Defendants the money indicated in the “amount” list in attached Tables 1 to 4 with the maturity of ten to fifteen (15) days, and paid the Defendants the same money as the indicated in the “amount withdrawn” column in the same list. In the process, the Defendants paid interest exceeding thirty (30)% per annum, which is the limitation under the Interest Limitation Act, as stated in each of the above list.

B. If the Plaintiff’s repayment of the amount paid to the Defendants to the principal and interest calculated by the rate of 30% per annum, which is the limitation rate under the Interest Limitation Act, would be 130,084,557 won (135,672,205 won - 5,587,648 won), in the case of Defendant D, 62,210,873 won (34,286,201 won - 34,286,201), in the case of Defendant E, 18,409,678 won, in the case of Defendant G, and 19,437,253 won (37,74,325 won - 18,37,077,072 won) in excess of the limitation rate under the Interest Limitation Act.

In the case of Defendant B, D, and G, “excess interest” in the list of attached Tables 1, 2, and 4 means the amount obtained by deducting the sum of each final amount and the interest for the period from the date of the final repayment to December 12, 2015, from each final amount.

C. Therefore, the Defendants are obligated to pay to the Plaintiff the amount claimed by the Plaintiff out of each of the above amounts (Defendant B: KRW 80,000,000 for Defendant D; KRW 40,000 for Defendant E; KRW 20,000 for Defendant E; and the Plaintiff’s assertion that the amount of unjust enrichment to be returned by Defendant E through the preparatory document as of December 14, 2015 is KRW 18,409,678, and the amount of the claim and appeal purport against the said Defendant was not modified. Defendant G is obligated to pay the amount of KRW 10,00,000 for the unjust enrichment and damages for delay.

2. Determination

A. Article 2 (Maximum Interest Rate) (1) of the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014) (amended by Act No. 12227, Jan. 14, 2014) (1) provides that the maximum interest rate under a contract for lending and borrowing

arrow