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(영문) 부산고등법원(창원) 2014.11.06 2013나3487

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① each entry of Eul evidence Nos. 7 through 21 (including paper numbers) submitted by the defendant in the trial, which is insufficient to recognize the defendant's assertion, and the result of the order issued to submit financial transaction information to Gyeongnam Bank and Hannam University in this court, and the result of the fact inquiry of this court about Gyeongnam University in this court is rejected; ② except as otherwise determined in the following paragraph 2, the reasons for the judgment of the court of first instance are as follows: (a) the evidence submitted by the defendant in the trial, which is insufficient to recognize the defendant's assertion; and (b) the fact inquiry about Gyeongnam University

2. Judgment on the defendant's additional assertion

(1) Part 1 of the claim of interest limit on loan for consumption based on the loan certificate of this case (No. 1 of 1965) (1) Article 1 of the Interest Restriction Act (No. 1710 of 1965) (No. 1710 of 1965) (the maximum interest rate on loan for money) shall be determined by the Presidential Decree within the scope not exceeding 40 percent per annum. The portion exceeding the restrictions prescribed in the preceding Article shall be null and void. The maximum interest rate on loan for money under the provisions of Article 1 (1) of the Interest Restriction Act (amended by Presidential Decree No. 15545 of 22 of 1997) shall be 25 percent per annum. The maximum interest rate under the provisions of Article 1 (1) of the Interest Restriction Act (No. 24 of 1965) concerning the maximum interest rate under the provisions of Article 1 (1) of the Maximum Interest Restriction Act (No. 1563 of 24, 1998) shall be repealed.15 of the Interest Restriction Act (No. 157). 10. 14.2 of 15.2.