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(영문) 서울중앙지방법원 2016.05.20 2016가단23296

차용금

Text

1. The defendant shall pay to the plaintiff KRW 95,383,561 as well as KRW 80,00,000 among them, from October 6, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On November 30, 2013, the Plaintiff leased KRW 80,000,00 to the Defendant on October 30, 2015, setting the statutory maximum interest rate and the payment date as the fifth day of each month.

B. The Defendant paid KRW 29,000,000 to the Plaintiff out of the interest until October 5, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Plaintiff shall pay to the Plaintiff the amount of KRW 97,000,000,000, which is a total of KRW 46,000,000 with respect to the above loan until October 5, 2015, and the Defendant paid KRW 29,00,000 among them, and that the Defendant shall pay to the Plaintiff the amount of KRW 97,000,000 with respect to the principal of KRW 80,000 with interest of KRW 17,000 with interest of KRW 17,000 with interest of KRW 15% per annum from October 5, 2015 with interest of KRW 80,000 with interest of KRW.

Then, the interest calculated at the rate of 30% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, from October 30, 2013 to October 5, 2015 on the above loan, shall be 44,383,561 won [1 x 30% x 30% of the interest, and 29,000,000 won] x 15,383,561 won (4,383,561 won - 29,000 won - 80,000 won of the interest and 15,383,561 won of the remainder interest (4,383,561 won - 29,000,000 won) and interest calculated at the rate of 15,383,561 won of the principal and interest rate of 80,000,000 won per annum or interest rate of 15,201.

B. The defendant's assertion 1) The defendant asserted that the interest agreement is null and void since he agreed on interest based on the defendant's old circumstance. However, there is no evidence to acknowledge this, the above argument cannot be accepted. 2) The defendant asserted that the plaintiff paid interest of KRW 500,000 to the person who was paid the payment of the plaintiff, but the statement of the Eul's evidence 1 through 3 (including each number) is just.

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