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(영문) 춘천지방법원강릉지원 2017.10.17 2017가합30074
대여금
Text

1. The Defendant shall pay 83,183,500 won to the Plaintiff and 15% per annum from August 12, 2017 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Even though it is not bound by the facts recognized in a criminal trial in a civil trial, the facts which have been recognized in the judgment of the relevant criminal case already finalized shall be deemed as the valuable evidence unless there are special circumstances.

(See Supreme Court Decision 91Da37690 delivered on May 22, 1992). B.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4 through 8, 10, and 11 (including each number), the plaintiff lent a total of KRW 1,970,000 to the defendant from February 25, 2014 to September 10, 2015, and the plaintiff paid a total of KRW 110,152,000 to May 10, 2015 for the defendant.

Meanwhile, among the above loans, the Plaintiff received a total of KRW 1,840,000,00 as principal from the Defendant as interest, and KRW 74,00,000 in total as interest, and the interest paid in excess of the interest rate set forth in the Interest Limitation Act out of KRW 74,00,000,00 as above, was the fact that the interest paid in excess of the interest rate set out in the Interest Limitation Act was the cause for 5,778,500, and the Plaintiff received KRW 500,000 in total as 12,190,000 in total for the purpose of securing the above loans and the loan repayment obligation, and then acquired each of the above securities as repayment for the above loans and the loan repayment obligation during the course of the lawsuit in this case.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 83,183,50 [the amount of KRW 130,00,000 for the principal of the loan which has not been repaid (= KRW 1,970,000 for the principal of the loan which has not been repaid (= KRW 1,840,000 for the interest - KRW 1,840,000)] - (The interest amount paid in excess of the interest rate set forth in the Interest Limitation Act is KRW 5,78,50 for the portion of KRW 12,190,000 for the portion of KRW 50,000 for the interest paid in excess of the interest rate set forth in the Interest Limitation Act) and the damages for delay at the rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings from August 12, 2017 to the date following the delivery of a copy of the application for modifying the purport of the instant claim.

2. Judgment on the defendant's defense

A. The defendant defenses 50,000,000 won, in addition to the details of the plaintiff's reimbursement, C.

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