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(영문) 인천지방법원 2017.10.20 2017가합373
손해배상금등
Text

1. Defendant B’s interest rate of KRW 31,671,232 and KRW 30,000 among the Plaintiff’s interest rate of KRW 30,00,000 from May 14, 2015 to the date of full payment.

Reasons

The Plaintiff borrowed KRW 200,000,000 from D, the Plaintiff’s seat of the Plaintiff, and lent it to Defendant B on January 10, 2014, the Plaintiff agreed to receive KRW 300,000,000, including interest, within three months at latest. Defendant C (Defendant B’s wife) guaranteed Defendant B’s debt owed to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest and delay damages calculated on the basis of the maximum interest rate of KRW 200,000 and KRW 30 per annum under the Interest Limitation Act at the time. However, the Plaintiff was jointly and severally liable to pay KRW 10,000,000 among the principal and interest of the above loan claims, and KRW 110,000,000 on November 11, 2015. Accordingly, the Defendants are ultimately liable to pay damages for delay from November 12, 2015, after deducting the total principal and interest of KRW 310,30,000,000 from the total sum of the principal and interest of KRW 310,301,369, the remainder of KRW 120,310,369, and damages for delay from November 13, 2015 to the date of full payment.

The Plaintiff, on October 22, 2014, lent KRW 30,000,000 to Defendant B, to receive a refund of KRW 50,000,000 including interest, within 10 days.

Thus, Defendant B is obligated to pay to the Plaintiff interest and delay damages calculated on the basis of the above 30,00,000 won and the highest interest rate (25% per annum) under the Interest Limitation Act. However, the Plaintiff was paid KRW 2,50,000 on May 13, 2015. Accordingly, the Defendants are obligated to pay damages for delay of KRW 31,671,232 remaining after subtracting the total amount of principal and interest of KRW 34,171,232 from October 23, 2014 to May 13, 2015, and KRW 30,000,00, the principal and interest of KRW 30,000,00 per annum from May 14, 2015 to KRW 25% per annum.

The defendants claiming damages due to a tort shall pay the damages even if the plaintiff lends 200,000,000 won.

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