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(영문) 인천지방법원부천지원 2015.03.25 2014가합5363
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 201,108,583 as well as KRW 199,325,631 as of September 1, 201.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of each statement and argument as to Gap's evidence Nos. 1 through 6 (including additional number) and the facts that the plaintiffs loans KRW 230 million to the defendant C on August 28, 2009 (=3% per month) and the due date of payment on November 28, 2009 (hereinafter "the loan of this case"). However, with respect to the loan of this case KRW 230 million out of KRW 230 million, it is difficult for the plaintiffs and the defendant C to compensate the plaintiffs for damages equivalent to KRW 30 million in the course of collecting money invested in other places to lend KRW 200 million, but it is difficult for the defendant C to conclude a loan agreement with the aim of compensating the plaintiffs for damages of KRW 30 million,000,000,000 to be paid to the plaintiffs, and it is against the above defendant C's joint and several debt guarantee agreement (including the above loan of KRW 20,000,000).

Meanwhile, during the period from September 30, 2009 to August 31, 2011, the Plaintiff was paid KRW 157 million in total on 23 occasions each time as indicated in the “amount of repayment” column in the attached Table for appropriation of performance, as the interest of the instant loan from Defendant C, as stated in the “amount of repayment” column in the attached Table for appropriation of performance.

B. According to the effect of the portion exceeding the maximum interest rate under the Interest Limitation Act and Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); and the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) of the former Interest Limitation Act, the maximum interest rate under the contract on the lending of money at the time of the instant lending is 30% per annum; the contractual interest exceeding the above maximum interest rate is null and void; and the obligor voluntarily paid the interest exceeding the above maximum interest rate.

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