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(영문) 전주지방법원 2020.02.11 2019가단19995

대여금

Text

1. The defendant jointly and severally with limited liability companies C, D, and limited liability companies E to the plaintiff KRW 100,000,000 and its related amount on July 1, 2017.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1 and the entire arguments, the plaintiff acknowledged that on April 14, 2016, the plaintiff loaned 2.9% interest rate of 10 million won to defendant and D, and joint and several liability company Eul under the joint and several liability company E, 34.9% per annum, overdue interest rate of 34.9% per annum, and maturity date of September 13, 2016. Meanwhile, according to the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act at the time of the loan of this case, the maximum interest rate is 25% per annum, barring special circumstances, the defendant jointly and severally and severally requested the plaintiff to borrow 10 million won per annum and the damages for delay calculated from July 1, 2017 to June 18, 2019 as the original copy of the payment order of this case, the plaintiff claimed that the plaintiff was not paid the agreed interest rate of 100 million won per annum.

The defendant asserted that he continued to pay the above borrowed money, but there is no evidence to acknowledge it, so the defendant's above argument is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.