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(영문) 부산지방법원 동부지원 2018.10.31 2018가단963
대여금
Text

1. The defendant shall pay 75,00,000 won to the plaintiff and 30% per annum from January 30, 2008 to the day of complete payment.

Reasons

1. The plaintiff, on January 29, 2008, lent 75,000,000 won to the defendant with interest rate of 36% per annum (3% per annum). The defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, from January 30, 2008 to the date of full payment, as requested by the plaintiff.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The Plaintiff partially dismissed claimed the payment of interest or delay damages on the said loan at an agreed interest rate of 36% per annum. However, according to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 9344, Jan. 21, 2009) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the highest interest rate applied at the time of the said monetary loan agreement is 30% per annum, and any excess interest agreement is null and void.

Therefore, the part of the plaintiff's interest or damages for delay exceeding 30% per annum is dismissed as it is without merit.

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