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(영문) 서울중앙지방법원 2016.04.15 2016가합986

약정금반환

Text

1. The defendant shall pay to the plaintiff KRW 1,701,199,653 and KRW 596,00,000 among them, from December 29, 2015 to the date of full payment.

Reasons

1. The claim indication plaintiff entered into a prop joint business contract with the defendant on March 20, 208, but on February 26, 2010, the above contract was rescinded. Accordingly, the defendant is obligated to pay the plaintiff interest for the amount calculated by subtracting the interest interest rate on the loan from the interest rate on the loan principal at 4% per month from the loan repayment date to the repayment date in accordance with the agreement on the cancellation of the contract and the agreement on the cancellation of the loan. Thus, the defendant is obligated to pay the plaintiff the interest rate at 596,00,000 per annum 596,00,000,000 per annum from the interest calculated at 30% per annum of interest under the Interest Limitation Act until December 28, 2015, less the actual bank loan interest rate at 1,148,634,174,634,174, the advance payment of principal,596,000,000 per annum 30% per annum from 29.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The partial dismissal of the agreement is null and void within the extent exceeding 25% per annum, which is the highest interest rate prescribed by the foregoing Act, following the amendment of the Act on the Restriction on Interest. From July 15, 2014, the agreement is null and void. Therefore, the Plaintiff’s claim for payment of interest in excess of the agreement is dismissed (as regards KRW 596,00,000 from July 15, 2014 to December 28, 2015, exceeding the interest calculated at the interest rate of 25% per annum from July 15, 2014 to December 28, 2015).