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(영문) 의정부지방법원고양지원 2020.07.09 2020가단5474
대여금
Text

1. The defendant shall pay 99,450,000 won to the plaintiff and 24% per annum from April 11, 2020 to the day of complete payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. According to the provisions regarding the maximum interest rate under Article 2(1), (3), and (4) of the Partial Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract on money lending is 24% per annum, and the portion exceeding the above maximum interest rate is null and void. If the obligor has voluntarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and if the amount deducted in advance from the amount actually received by the obligor exceeds the amount calculated according to the above maximum interest rate by deeming the amount as the principal and the amount deducted in advance exceeds the amount calculated according to the above maximum interest rate (see Supreme Court Decision 2012Da5198, Oct. 11, 2012), the excess portion is deemed appropriated for the principal (see Supreme Court Decision 2012Da5198, Oct. 11, 2012). 250,000 won, which was actually received by the Defendant, 1.5 billion won and 2.5 billion won per annum.

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