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(영문) 춘천지방법원 2014.12.24 2014가단7080
대여금
Text

1. The defendant shall pay to the plaintiff KRW 43,650,242 and KRW 40,460,00 among them, per annum from September 26, 2013 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3, 5 through 9, Eul evidence Nos. 1, 2, and 3:

The Plaintiff and C have been lent to the Defendant with the funds of the Plaintiff and C as follows:

(1) C lent to the Defendant on February 26, 2009 KRW 4.5 million, and the interest rate is 36%.

(2) C lent to the Defendant the amount of KRW 10.5 million on March 23, 2009, and the loan certificate was drawn up by C’s son to the Defendant.

(3) C lent 10 million won to the Defendant on May 14, 2009.

(4) On November 26, 2010, C lent KRW 10 million to the Defendant. As of August 4, 2011, C drafted that as of August 4, 201, C’s son’s son loaned to the Defendant a total of KRW 35 million for all the existing loans, and the interest was paid at 36% per annum.

B. Meanwhile, the Defendant paid KRW 1,50,000,000 per annum, calculated from November 26, 2010 to KRW 35 million, monthly, but did not pay interest for ten months until April 10, 2013.

C. Accordingly, on April 10, 2013, the Plaintiff entered into a new monetary loan agreement with the Defendant with the sum of the existing loans of KRW 35 million and accrued interest KRW 10 million as the new principal of the loan. The creditor also changes from C to the Plaintiff, and the interest rate was KRW 80,000,000 per annum (21.3%).

On September 25, 2013, the defendant paid interest of KRW 800,000,000 and did not pay the remainder interest.

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition, the defendant is obligated to pay the loan and the agreed interest thereon to the plaintiff, except in extenuating circumstances.

B. Articles 2(1), 2(3), 2(4), and 3 of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) and “the maximum interest rate under Article 2(1) of the Interest Limitation Act” are applicable.

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