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(영문) 춘천지방법원강릉지원 2019.10.15 2019가단681
대여금
Text

1. As to KRW 35,09,200 and KRW 32,660,00 among them, the Defendant shall pay to the Plaintiff the year from April 12, 2019 to October 15, 2019.

Reasons

1. In full view of the statement in Gap evidence No. 1 and the purport of the entire argument as to the cause of the claim, the plaintiff loaned money to the defendant from around 2016 to the defendant and received interest thereon several times. The defendant, on August 23, 2018, made an agreement with the plaintiff to pay the principal of the loan at KRW 50 million until December 31, 2018, and KRW 15 million until December 31, 2018, and KRW 35 million until December 31, 2019 (hereinafter referred to as the "instant agreement"). Thus, the agreement of this case constitutes a quasi-loan loan agreement (Article 605 of the Civil Act), and barring special circumstances, the defendant is obligated to pay the plaintiff the loan principal at KRW 50 million and delay damages pursuant to the agreement of this case.

2. As to the Defendant’s assertion, the Defendant asserted to the effect that the interest corresponding to 3% per month exceeding the interest rate set forth in the Interest Limitation Act has been paid to the Plaintiff, and that the excess portion should be deducted from the original. The Plaintiff loaned to the Defendant until August 23, 2018, and appropriated the interest paid to the Defendant by the end of February 2019, in excess of the interest rate set forth in the Interest Limitation Act, out of the amount repaid to the principal and interest, the remaining claim is 3,260,000 won of the principal and interest, 2,439,200 won, and there is no dispute between the parties. As such, even if the contractual interest exceeds the interest rate set forth in the Interest Limitation Act as the principal and interest, the excess portion becomes null and void and void, and even if a loan contract for consumption is concluded with respect to the excess interest, it is not effective (see Supreme Court Decision 98Da17046, Oct. 13, 1998).

The defendant's argument is with merit.

As to this, the Plaintiff, in addition to the above remaining loans of KRW 32.66 million, shall also be repaid by the Defendant on behalf of the Defendant, and the amount of KRW 20 million shall be paid to C on April 19, 2017.

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