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(영문) 제주지방법원 2020.01.13 2019가단51903
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 38,277,341 as well as KRW 2.m. from July 27, 2019 to the date of full payment.

Reasons

1. On November 30, 2015, the Plaintiff, who is a credit service provider, was respectively designated and lent KRW 50,000 to Defendant B for interest rate of KRW 2% per month, interest rate of KRW 2.5% per month, interest rate of KRW 2.5%, and period of repayment on May 30, 2016.

Defendant C jointly and severally guaranteed Defendant C’s above loan obligations.

The Plaintiff received dividends of KRW 65,000,000 from July 26, 2019 in the Jeju District Court D's auction procedure for real estate owned by Defendant B, which commenced with respect to the real estate owned by Defendant B.

[Ground of recognition] B between the plaintiff and the defendant: Each entry of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings and defendant C: Article 150 (Voluntary Confession) of the Civil Procedure Act

2. Determination

A. Defendant B’s interest rate is 0.5% per month unless the standard contract for loan transaction made between the Plaintiff and the Defendant B states “2% per interest rate, and 0.5% per annum.” However, it is reasonable to interpret the above provision to mean “the interest rate for delay shall be 2.5% per month in which the overdue interest rate is added to 0.5% per annum.”

The above defendant's assertion is not accepted.

B. The principal amount of the loan of this case incurred until the date of satisfaction of the claim is as follows: ① Interest of KRW 50,000,000 (2) from November 30, 2015 to May 30, 2016): 6,00,000 won (=50,000,000 x 6 months x 2%) ③ overdue interest (from May 31, 2016 to July 26, 2019): 47,338,709 won [The principal amount = 50,00,000 won 】 (377/31) 】 1/371 months x 26/371 x 27/371 x 2741.75 x 275 x 475 x 275 x 275 x 5147). Thus, the Plaintiff’s overdue interest was claimed to be appropriated to the Plaintiff.

The principal of the credit shall be the remainder.

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