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(영문) 서울북부지방법원 2016.05.18 2014가합21872
건물명도
Text

1. The Defendant shall pay to the Plaintiff KRW 164,613,698 as well as KRW 145,50,000 among them, from July 30, 2014 to the day of full payment.

Reasons

1. The Plaintiff, upon the introduction of C and D on December 6, 2013, set a maturity of KRW 150 million to the Defendant on March 2, 2014 and lent the loan to the Defendant as KRW 30,000,000 to the Defendant on March 2, 2014, and on the same day, there is no dispute between the parties, and the Plaintiff is a person who has received payment of the principal amount of KRW 4,50,000 among the above loan through C. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff interest and delay damages at the rate of KRW 145,50,000,000 remaining loans and KRW 30,00 per annum

2. The defendant's defense of additional repayment is a defense that the defendant paid additional 14.5 million won in addition to the plaintiff's 4.5 million won.

In full view of the purport of each of the statements and arguments in subparagraph 5-3, 4, 8, and 9 of subparagraph 5-5-2, the Defendant borrowed KRW 150 million from the Plaintiff, and remitted KRW 14,550,000,000 from the Plaintiff for the same day and KRW 19,50,000,000,000 for the monthly interest of KRW 1,50,000 for the same day (the amount paid by the Plaintiff) to the E-designated account by C, and C paid KRW 6,00,000,000 out of KRW 14,50,000 for the introduction fee on July 29, 2014, but there is no evidence to acknowledge that the Defendant paid the above amount to the Plaintiff.

(o) According to each of the above evidence, the remaining money is paid to C as the introduction fee and its consumption is recognized). Article 4(1) of the Interest Limitation Act provides that "No matter how a creditor has received in connection with a lending and borrowing of money, regardless of any name, such as deposit, discount, fees, mutual aid, substitute payment, and other titles, shall be deemed interest." In relation to the above lending, the above six million won received by the Plaintiff shall be deemed interest.

The Defendant’s additional repayment on July 29, 2014 6 million won x 30 percent x (25,113,698 won x 145,500 won x 30 percent x (145,500 won x 30 percent x (30%) based on the rate of 30 percent per annum prescribed by the Interest Limitation Act from December 6, 2013 to July 29, 2014 on the date of repayment of the leased principal.

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