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(영문) 서울중앙지방법원 2016.01.13 2015가합539524

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 200,00,000, out of KRW 203,421,918 and the said money, from January 28, 2012 to the date of full payment.

Reasons

1. Indication of claim;

A. On June 18, 2010, the Plaintiff loaned 200,000,000 to the Defendant on a three-yearly basis [Provided, That it is valid within the maximum of thirty percent per annum, which is the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); and the due date for repayment as of September 18, 2010).

(hereinafter referred to as “instant loan”) b.

The Plaintiff received respectively KRW 24,00,000,000 on December 25, 201, and KRW 9,400,000 on January 17, 201, and KRW 60,000 on January 27, 2012 as interest or delay damages on the instant loan from the Defendant.

C. Ultimately, the above B.

As a result of calculating the amount of each of the instant loans as 30% per annum, the appropriation for payment remains in KRW 200,000,000 and damages for delay thereof as of January 27, 2012, which is the last payment date of the instant loans, as of January 27, 2012, and KRW 3,421,918.

Thus, the defendant is obligated to pay to the plaintiff 203,421,918 won (200,000,000 won) and damages for delay calculated at the rate of 30% per annum from January 28, 2012 to the date of full payment with respect to the principal of the loan of this case 200,000,000 won among the above money.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;