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(영문) 수원지방법원 평택지원 2018.01.11 2017가합812

대여금

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 25% per annum from May 31, 2016 to the day of complete payment.

Reasons

1. On May 30, 2016, the Plaintiff determined and lent KRW 300,000,000 to the Defendant at interest rate of 42% per annum and on August 30, 2016.

(hereinafter “instant loan”). 【No dispute exists concerning the instant loan, entry in Gap evidence 1-1-2, and the purport of the entire pleadings.”

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 25% per annum, which is the limit under the Interest Limitation Act, according to the Plaintiff’s claim, within the scope of the agreement, from May 31, 2016 to the date of full payment, as the Plaintiff seeks.

In regard to this, the defendant asserts that he is liable to pay interest or delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings for KRW 300,000,000. However, as long as the agreed rate between the parties exceeds that and the plaintiff seeks interest or delay damages at the rate of 25% per annum as the limitation under the Interest Limitation Act, this part of

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the claim of this case is reasonable.