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(영문) 서울서부지방법원 2016.05.03 2015가단247359
대여금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 57,362,736 and the interest rate thereon from January 14, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On July 12, 2015, the Plaintiff loaned to the Defendants KRW 70,00,000 on January 13, 2016, the due date for repayment of the interest rate of KRW 8% on January 13, 2016, and on January 13, 2016, and the due date for payment of interest of KRW 64,50,000 on January 13, 2016, with the intention to lose the benefit of the due date when delay is delayed at one time, and granted the Defendants the remainder of KRW 64,50,00

(hereinafter “instant monetary lending contract”). (b)

The Defendants, as interest in the instant monetary lending contract, KRW 5,500,000 on August 13, 2015, as interest in the instant monetary lending contract, are the same year.

9. 14. 3,500,000 won, and 12,50,000 won in total, including 2,00,000 won on October 19, 19 of the same year, and 1,500,000 won on October 23 of the same year.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants are obligated to pay to the Plaintiff the amount partially repaid by the Defendants based on the amount of KRW 65,958,333 (the amount calculated by adding interest within the limits permitted by the Interest Limitation Act among the amount equivalent to the advance interest in advance and the amount equivalent to KRW 64,50,000) to the principal and interest, and to pay damages for delay at the rate of 25% per annum from October 14, 2015 to the day of full payment, which is the amount calculated as set forth in the following table.

B. Defendants 1) The Defendants: (a) authenticated promissory notes to the Plaintiff; and (b) prepared and executed a notarial deed under a monetary loan agreement; (c) the instant lawsuit is unlawful as there is no benefit of lawsuit; (d) Defendant B prepared and executed a notarial deed under a monetary loan agreement with the Plaintiff on July 13, 2015, stating that the Plaintiff shall borrow KRW 70,000,000 from the Plaintiff and pay interest at the rate of 8% per annum; and (e) the Defendants are only obligated to pay interest at the rate of 8% per annum.

3. If the interest on the determination of the cause of the claim is deducted, the interest rate provided for in the former Credit Business Act shall apply.

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