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(영문) 대구지방법원 2018.06.28 2017나6779

대여금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Summary of the assertion

A. The Plaintiff asserted that, on June 5, 2002, the Plaintiff agreed to the interest rate of 3% per annum with Defendant B [30% per annum, but according to the amendment made on March 31, 2017, in calculating the interest claimed by the Plaintiff to the Defendants, 36% per annum from June 5, 2002 to June 5, 2007, and 30% per annum from June 5, 2007 as prescribed by the Interest Limitation Act, and the purport of the statement and arguments in subparagraph 1, the Plaintiff asserted that the Plaintiff agreed to the interest rate of 3% per annum with the Defendants. However, inasmuch as the interest rate claimed by the Defendants was limited to 30% per annum under the Interest Limitation Act, the agreement was set at 300,000,000 won per annum with the Defendants, and there was no dispute over the loan rate of 300,000,000 won by the Plaintiff to the Defendants.

The Plaintiff is a person whose principal and interest on the above loan was partially paid by Defendant B, and the reorganization is as shown in the attached Table 1’s statement of repayment of the Plaintiff’s assertion (hereinafter “the table”).

However, as of June 5, 2002 to July 15, 2009, Defendant B repaid the interest of KRW 6,401,096 from June 5, 2002 to KRW 1,925,00 (attached Form 1 to 20), and the interest accrued during the above period as of July 15, 2009 (=6,401,096 - 1,925,000) accrued during the above period (i.e., KRW 6,406 - KRW 1,925,00). Defendant B paid KRW 1,00 out of the principal of the loan from July 15, 2009 to KRW 6,401, KRW 200, KRW 1,616, KRW 2016, KRW 2016, KRW 2016, KRW 2016, KRW 20016, KRW 16,20016, KRW 2146,2016,2016,206.2

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