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(영문) 청주지방법원충주지원 2017.12.20 2017가단3430
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,955,479 as well as 25% per annum from February 8, 2017 to the date of full payment.

Reasons

1. Assertion and determination

A. In the absence of dispute between the parties or in full view of the purport of the entire pleadings in the statements Nos. 1, 2, and 3, the following facts may be acknowledged:

1) Defendant B Co., Ltd. (hereinafter “Defendant Company”) agreed to lend KRW 50,00,000,000 to one month on condition that he/she would use it, and Defendant C jointly and severally guaranteed it, and Defendant C was the same month as January 6, 2017.

7.A remittance was received from D of KRW 45 million after deducting a prior interest of KRW 5 million.

2) On February 7, 2017, the Defendants failed to repay the above borrowed amount. At D’s request, the Defendants paid KRW 5 million interest on the same day. 3) While the Defendants delayed the repayment of the borrowed amount, the Defendants, on May 17, 2017, prepared and issued to the Plaintiff a certificate of borrowing (Evidence 1) stating that the sum of KRW 50 million in total and KRW 15 million in interest on the borrowed amount was the principal amount.

B. According to the above facts, the Plaintiff appears to have lent KRW 45 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on January 7, 2017 to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and deducted KRW 5 million from the interest rate. However, the Plaintiff’s claim that the deducted interest rate did not exceed the highest interest rate stipulated in the Interest Limitation Act was reduced.

Therefore, it is reasonable to view that Defendant C was jointly and severally and severally and severally liable to pay the above loan amount to the Plaintiff on February 7, 2017, and the agreed interest rate of KRW 5 million per month. Therefore, the Defendants are jointly and severally liable to pay the above loan amount to the Plaintiff, except in extenuating circumstances.

C. Meanwhile, there is no dispute between the parties that the Defendants paid KRW 5 million to the Defendant on February 7, 2017, and the amount of KRW 4,04,521 [==5,000 - 955,479 (the interest calculated at the rate of 25% per annum, which is the maximum interest rate of KRW 45 million, from January 7, 2017 to February 6, 2017) shall be appropriated for the borrowed principal.

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