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(영문) 서울중앙지방법원 2016.08.31 2015가단5358730
대여금
Text

1. Defendant B shall pay 30,000,000 won to the Plaintiff and 30% per annum from January 31, 2010 to the day of full payment.

Reasons

1. According to the evidence No. 1, Defendant B’s claim against Defendant B, on June 15, 2009, entered into an agreement with the Plaintiff on December 30, 2009 to pay the loan amount of KRW 30,000,000 to the Plaintiff not later than December 30, 2009, and to pay interest at 35% per annum if the loan is not paid within one month thereafter.

Therefore, Defendant B is obligated to pay to the Plaintiff the interest calculated at the rate of 30% per annum, which is the maximum interest rate under the contract for a loan for cash consumption under Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) from January 31, 2010 to the date of full payment of the loan.

(A) The Plaintiff’s interest agreement that exceeds 30% per annum is null and void pursuant to Article 2(3) of the former Interest Limitation Act, and thus, the Plaintiff’s interest claim against Defendant C is without merit). 2. The Plaintiff asserted that Defendant C, his wife, at the time when the Plaintiff agreed to pay the loan to the Plaintiff as set forth in the above paragraph (1), jointly and severally guaranteed the Defendant B’s obligation, and sought payment of the said joint and several liability amount against Defendant C.

However, there is no evidence to acknowledge the authenticity of No. 1 (Agreement) and there is no other evidence to acknowledge that Defendant C guaranteed the above loan obligation of Defendant C. Thus, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim against the defendant B is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. The plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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