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(영문) 의정부지방법원 2020.12.17 2020나206701

대여금

Text

The judgment of the first instance, including the plaintiff's claim extended by this court, is modified as follows. A.

The defendant.

Reasons

1. Basic facts

A. On September 14, 2013, the Plaintiff lent KRW 30,000,000 to the Defendant at an interest rate of 4% per month, and received part of the principal and interest from the Defendant before March 15, 2015.

B. On January 2015, the Plaintiff asserted that “Around the early 2015,” the Plaintiff is “Around January 2015.”

The Defendant additionally lent KRW 8,00,000 to the Defendant.

C. The Plaintiff and the Defendant are above on March 15, 2015.

paragraphs 1 and 2.

The Plaintiff’s loan to the Defendant is settled and agreed upon as “the agreement of this case” at the rate of KRW 29,00,000 and interest rate of KRW 3% per month.

D) The Defendant repaid the Plaintiff the amount corresponding to each of the amounts indicated in the column for payment on the date indicated in the table of the attached Table 1 (1) of the statement on the repayment date. The Defendant repaid the amount corresponding to each of the items in the column for payment amount on the date indicated in the table of the attached Table 1 (1) to the Plaintiff. [In the absence of dispute over the grounds for recognition, each of the items stated in Gap

2. The parties' assertion

A. The Plaintiff asserted that: (a) the Plaintiff lent KRW 30,000,000 to the Defendant on September 14, 2013; and (b) KRW 8,000,000 on January 20, 2015 to the interest rate exceeding the limited interest rate under the Interest Limitation Act.

The plaintiff received money from the defendant several times as the repayment for each of the above loans, and if the plaintiff applies the limited interest rate under the Interest Limitation Act and applies the above money to meet the payment, it is as shown in attached Form 2.

Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 30,320,761 as well as the principal and KRW 29,261,087 as interest rate of KRW 24% per annum from October 6, 2018 to the date of full payment.

B. The defendant's assertion that the plaintiff did not transfer the agreement of this case to the plaintiff prior to the agreement of this case

paragraphs 1 and 2.

The interest rate of KRW 1,50,00 on October 15, 2013, which exceeds the interest rate under the Interest Limitation Act in relation to the borrowed money described in paragraph (1), KRW 1,200,00 on November 19, 2013, KRW 1,200,00 on December 2, 2013, KRW 1,200,00 on January 4, 2014, KRW 1,200,200 on February 10, 2014, KRW 1,200,000 on March 9, 2014, KRW 1,200,00 on KRW 1,20,00 on April 6, 2014, KRW 1,200,00 on KRW 1,200,00 on June 19, 2014, KRW 10,000 on KRW 10,304,010;

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