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(영문) 부산지방법원 2016.02.02 2015가단227044

약정금

Text

1. As to KRW 138,180,441 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 138,180,441 from November 3, 2012 to July 16, 2015.

Reasons

1. Facts of recognition;

A. On November 29, 2010, the Plaintiff set KRW 100,000,000 to C Co., Ltd. (hereinafter “C”) as interest rate of KRW 2.5% per month (hereinafter “instant loan”).

B. On December 10, 2012, the Defendant, the representative director of C, prepared a letter of payment with the effect that “The principal and interest of the instant loan is not paid.” From November 30, 2010 to November 30, 2010, the Defendant, who is the Plaintiff, prepared a letter of payment with the effect that “The interest of KRW 100,000,000 and interest of KRW 2.5% per month from November 30, 2013 shall be repaid from the agreed amount to November 30, 2013” (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 100,000,000 and interest and delay damages calculated at the rate of 30% per annum from November 30, 2010 to the day of full payment, barring special circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that the defendant should deduct 12,00,000 won in total since the defendant lent 10,000,000 won to D, who is the plaintiff's seat on November 30, 2010, and remitted 2,000,000 won to E, who is the plaintiff's seat, the plaintiff's seat. However, the above 12,00,000 won should be deducted from the plaintiff's claim amount. Thus, the defendant's assertion on this part is without merit.

B. The defendant's assertion of repayment by the guarantor asserts that he partially repaid the loan of this case E, the guarantor of this case, but there is no evidence to acknowledge this, and the defendant's assertion of this part is without merit.

C. The Defendant asserts that the interest rate from July 15, 2014 pursuant to the Interest Limitation Act cannot exceed 25% per annum. However, according to the Addenda to the “Regulation on the Maximum Interest Rate” under Article 2(1) of the Interest Limitation Act, the contract shall be concluded or renewed for the first time after July 15, 2014.