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(영문) 대전지방법원서산지원 2016.04.20 2015가단11085

대여금

Text

1. The defendant shall pay to the plaintiff KRW 26,00,000 as well as 48% per annum from October 26, 2006 to June 29, 2007, and June 30, 2007.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Grounds: Judgment without holding any pleadings (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. Rejection portion: According to Article 2 of the Addenda of the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under contract for monetary loans from June 30, 2007 is 30% per annum, and the part exceeding the maximum interest rate under contract is null and void. Thus, the part seeking payment exceeding the maximum interest rate under the said Interest Limitation Act among the Plaintiff’s claims is without merit.