logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.17 2013가단47214
부당이득금반환
Text

1. The Defendant’s annual interest in KRW 1,00,000 to Plaintiff (Appointed Party) and its related thereto from May 8, 2013 to September 17, 2015.

Reasons

1. Basic facts

A. In the case of violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, etc. by Daejeon District Court Decision 2013 High Court Decision 201Da1861, the Defendant was sentenced to a fine of KRW 5,00,000 on the following grounds: (a) the Defendant was engaged in unregistered credit business five times from November 27, 2009 to June 20, 201; (b) the Defendant was paid interest exceeding the registered credit business or unregistered credit business interest rate as stipulated in the Act as listed in the following table; and (c) the Defendant was sentenced to a fine of KRW 5,00,000 for the purpose of collecting claims from September 10, 2012 to May 8, 2013.

On November 27, 2009, the maximum interest rate of temporary loan 10,000 Won 130 to 135% per annum, Plaintiff A on February 3, 2010, 2010, 829.5% per annum of 2,000,000 Jungcheon-gu National Bank of Jungcheon-gu, Daejeon on August 9, 2010, Plaintiff A 5,000, 199% per annum, Plaintiff C 40, 00, 000, 00, 199% per annum 10,000, 00, 00, 00, 00, 199% per annum 30,000, 00, 00, 000, 199% per annum C, 30,005, 10,005, 20, 199% per annum 1, 2010.

B. The Defendant appealed to Daejeon District Court 2014No1618.

On June 18, 2015, the appellate court found the Defendant guilty of ① running a unregistered credit business and ③ intimidation of the debtor among the above facts constituting the crime, but the lower judgment was reversed and sentenced to a fine of KRW 4,00,000 on the grounds that there is no evidence to acknowledge the excess of the interest rate.

[Ground of recognition] No. 1-1, No. 3-2, each entry of No. 3, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Summary of the plaintiff A's assertion 1 The plaintiff A shall be as shown in the attached Form

1. Attached Form No. 1 of the Plaintiff’s assertion No. A

1. The expression "the vote";

As indicated in the record, the Defendant borrowed a total of KRW 31,00,000 from the Defendant, and repaid KRW 15,50,000 to the Defendant, including the interest on the interest, as interest. Interest rate on the Plaintiff A’s borrowed money is 4,045.

arrow