(영문) 서울중앙지방법원 2018.07.04 2017가단5138350

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(영문) 서울중앙지방법원 2018.07.04 2017가단5138350

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for 7,748,076 won and 5% per annum from June 2, 2016 to July 4, 2018.

Reasons

1. Around March 2014, the Plaintiff’s summary of the Plaintiff’s assertion agreed to lend KRW 40,000,000 to the Defendants at an annual interest rate of 30%. Around that time, the Plaintiff lent KRW 40,000,000 in total to the Defendants from around that time to April 19, 2014.

From March 25, 2014 to June 1, 2016, the Defendants repaid the Plaintiff totaling KRW 29,300,000 (which appears to be a clerical error in the calculation) as the principal and the agreement amounting to KRW 33,80,00,00.

The Defendants are obligated to pay to the Plaintiff 38,125,701 won, the principal, and 25% interest per annum from June 1, 2016 to the date of full payment, which remains after paying the said amount to the Plaintiff according to the welfare calculation formula.

2. Determination:

A. In full view of the overall purport of Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1, 2, and 7 as well as the overall purport of arguments and arguments, the plaintiff loaned to the defendants the amount of KRW 10,000,000 on March 9, 2014, KRW 20,000 on March 11, 2014, and KRW 10,000 on April 19, 2014, each interest shall be paid, and the amount of KRW 10,000 on April 19, 2014 shall be remitted to defendant B. The plaintiff urged the defendants to pay the principal and interest of the loan on February 24, 2016, and the defendants promised to pay the interest by May 30, 2016, the plaintiff may be deemed to have prepared and issued the loan and the loan certificate (hereinafter referred to as "the loan certificate").

In addition, on March 25, 2014, the Plaintiff received a total of KRW 33,800,000 from around that time to June 1, 2016, including repayment of KRW 1,800,000 from the Defendants.

Furthermore, the agreement on each of the above loans is not sufficient to recognize that the Plaintiff and the Defendants agreed to the interest rate at 30% per annum at the time of the above lending, and there is no other evidence to acknowledge otherwise.

B. Prior to the Defendants’ joint and several liability.

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