logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.08.17 2015가합4122
대여금
Text

1. The defendants shall jointly and severally pay 600,000,000 won to the plaintiff and 34.0% per annum from September 6, 2006 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 6, 2004, the Plaintiff and E, a credit service provider, set and lent KRW 600 million invested by the Plaintiff to Defendant C and D Co., Ltd. on May 5, 2004, with the interest rate of KRW 300 million per month, and the due date of reimbursement on May 5, 2004. If the interest is paid at time, the due date is extended by one month, but if the interest is paid at time, the due date is extended by one month, the overdue interest rate of KRW 4% per month added with the normal interest rate is agreed to apply to the overdue interest rate of KRW 1.4 billion per month. At the time of acceptance

B. The Defendants did not pay all the above loans and interest thereon until now.

However, on February 24, 2015, the Plaintiff received dividends of KRW 685,93,526 in relation to the above loan claims in the voluntary auction procedure for the real estate held at G with the Suwon District Court G in relation to the said loan claims.

C. On April 28, 2016, E transferred 1/2 of the instant loans it owns on its own name to the Plaintiff and notified the Defendants of the transfer.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5-3, 19-1, and 19-2, the purport of the whole pleadings

2. According to the fact that the obligation to return a loan was established, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the loan principal of KRW 600 million and damages for delay calculated at the rate of KRW 34.9% per annum for the Plaintiff within the limit of the rate stipulated in the “Act on Registration of Credit Business, etc. and Protection of Finance Users,” and “Act on the Protection of Finance Users,” as alleged by the Plaintiff, [the aforementioned dividends are appropriated for the interest or overdue interest of KRW 690,000 from April 6, 2004 to September 5, 2006 (= KRW 600,000 】 】 (3% per month x 4% per month x 28 months)]; and

3. Determination as to the defendants' defense

A. The Defendants’ defenses by the Defendants shall be limited to the Plaintiff’s defenses between the Defendants and the Police Officers in February 2006 at the time of the movement of the Coastal Network Fisheries Association.

arrow