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(영문) 인천지방법원 2015.05.19 2015가합51179

대여금

Text

1. The Defendant is jointly and severally and severally with the Plaintiff, 146,015,201 won and its related amount on December 9, 2011.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by delivery of construction works by applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. According to Articles 2 subparag. 1, 3, and 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same) and Article 2 subparag. 1 of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); the maximum interest rate under a contract for monetary lending is 30% per annum; the exceeding the maximum interest rate under a contract is null and void; where the obligor has voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal; where the obligor has deducted the advance interest in advance as the principal and exceeds the amount calculated according to the maximum interest rate, the amount in excess shall be deemed appropriated for the principal; where the obligor has paid the advance interest in excess to the amount calculated according to the maximum interest rate, the Plaintiff shall be deemed to have paid the Defendant at 00% per annum 208, Oct. 11, 2012; 2008.

According to the above facts, 7,50,000 won which was actually received by the defendant among the 7,50,000,000 won which was deducted in advance as prior interest (i.e., 142,50,000 won x 0.3 x less than 61 days x 61 days x 365 days x less than won hereinafter the same) is appropriated for interest, and more than 35,480 won is appropriated for KRW 149,64,520 won (i.e., 150,000,000 - 355,480 won), and the remaining principal of the loan remaining after the defendant was appropriated for KRW 150,00,000,000, which is the principal (i.e., 150,000 won - 35,480 won).