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(영문) 수원지방법원 2019.09.19 2019가합15024
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 273,205,727 and the interest rate thereon from November 10, 2017 to the date of full payment.

Reasons

The monthly interest (3%) on the lending date (6-month interest) 1 October 12, 2016, the loan period of 150,000,000 won from October 12, 2016 to April 11, 2017, KRW 5,000,000 on March 26, 2017, KRW 150,000 on March 26, 2017 to September 25, 2017, KRW 1,00,000 on September 26, 2017, and the overall purport of arguments in the evidence Nos. 1, 20,000 on September 25, 207, the Plaintiff may loan KRW 30,000 to Defendant B at once (hereinafter referred to as “loan 1, 200,” and each of the above Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”).

On the other hand, the Plaintiff, as stated in the separate statement in the calculation date of appropriation amount in attached Tables 1 and 2 and the column of the amount of repayment, was paid in 11 times from November 21, 2016 to November 9, 2017, 5 million won, and 6 times from April 20, 2017 to November 9, 2017, respectively, as interest for the second loan.

However, pursuant to Article 2(3) of the Restrictions Act, each interest agreement (3% per month) on loans Nos. 1 and 2(1) of the Restrictions Act and Article 2(1) of the Restrictions on Interest Rates (amended by Presidential Decree No. 28413, Nov. 7, 2017) exceeds 25% per annum.

If the Defendants’ aforementioned repayment of interest exceeds the limited interest rate under the Restrictions Act, and the Defendants’ payment of statutory appropriation for payment (Article 477 and Article 479 of the Civil Act) is made in a manner that appropriated for each principal of the loans (Article 477 and Article 479 of the Civil Act), the principal amount of the first loan as of November 9, 2017 is KRW 132,99,242 and the principal amount of the second loan is KRW 142,823,023,023, such as the statement in the calculation table of appropriation amount in attached Tables 1 and 2.

Therefore, the Defendants are jointly and severally liable to the Plaintiff. Of the principal balance of each of the above loans, KRW 273,205,727 (=Loan 131,316,291 and KRW 141,89,436) and the interest accrued after the due date.

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