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(영문) 대구지방법원 2019.11.28 2019가단12906
대여금
Text

1. The defendant shall pay to the plaintiff 100,833,719 won and the amount of KRW 91,236,288, which shall be from September 29, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a company conducting soil construction business.

(2) The Plaintiff is a person appointed as Defendant director on February 20, 2014 and registered on the same day.

B. (1) On September 13, 2016, the Plaintiff loaned KRW 100 million (hereinafter “instant loan”) to the Defendant at 3% interest rate each month.

(2) The Plaintiff set the interest rate from June 2017 at 18% per annum.

(3) On June 29, 2018, the Defendant confirmed the fact that he borrowed the instant loan, and provided the Plaintiff with a statement of payment that he/she promised to repay from August to September of the same year to December 31 of the date of full payment (hereinafter “instant statement of payment”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. (1) The decision on the cause of the claim (1) The plaintiff recognizes the fact that the "amount of repayment" was received as interest on the loan of this case on the "date of repayment" in the separate sheet of calculation of appropriation amount.

Until May 31, 2017, the maximum interest rate under the Interest Limitation Act by February 7, 2018, which does not exceed the maximum interest rate under the Interest Limitation Act, was 25% per annum (Article 2(1) of the former Interest Limitation Act (Presidential Decree No. 25376) but the Plaintiff seeks.

If the interest and the principal calculated at the rate of 18% per annum agreed until September 28, 2018, are appropriated as shown in the calculation table of appropriation amount, the principal and interest of the instant loan as of September 28, 2018 (i.e., the principal and interest of KRW 100,860,533 (i.e., the principal and interest of KRW 91,258,873).

(3) The Defendant, as sought by the Plaintiff, sought the amount lower than the principal and interest of the instant loan recognized by the Plaintiff, thereby complying with the doctrine.

The principal and interest of the instant loan KRW 100,833,719 and KRW 91,236,288 among them are obligated to pay interest or delay damages at the rate of 18% per annum from September 29, 2018 to the date of full payment.

(b).

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