대여금
The defendant shall pay to the plaintiff 31,250,000 won with 12% per annum from February 27, 2020 to the day of complete payment.
1. Indication of claims: To be as shown in the reasons for the application;
(However, the “creditor” and “debtor” are deemed to be the “defendant” and “debtor”. 2. Service by public notice (Article 208(3)3 of the Civil Procedure Act)
3. Part which partially dismissed (the agreed interest on a loan);
A. The Plaintiff asserts that, in addition to the loan 300,000,000 won, the Defendant agreed to pay the Plaintiff interest of KRW 10,000,000 per month from the end of February 2019 to the end of June of the same year, the Plaintiff is obligated to pay the Plaintiff the agreed interest of KRW 50,000,000 and the delay damages.
B. However, according to Article 2(1) of the Interest Limitation Act and Article 2(1) of the Addenda, and Article 2(1) of the Interest Limitation Act (Enforcement Decree No. 25376, Jul. 15, 2014), the maximum interest rate on cash lending contract is 25% per annum, and the interest rate of KRW 300,00,000 shall be applied per annum 25% per annum. As such, the Plaintiff’s claim against the above parties (=300,000,000 x 0. 0. 0. 0. 05 x 5/12) of the Plaintiff’s claim against the above parties is dismissed as there is no justifiable reason.