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(영문) 의정부지방법원 2016.09.28 2016가단106551
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 144,457,848 and the interest rate of KRW 15% per annum from May 28, 2016 to the date of full payment.

Reasons

1. The Plaintiff agreed to lend money to the Defendant as shown in the attached list between March 18, 2008 and June 30, 2009, and to pay the interest calculated at the rate of 3% per month.

The Plaintiff borrowed money from the Defendant from time to time in accordance with the agreement.

(2) Articles 2 and 3 of the former Interest Limitation Act (amended by Act No. 9344 of Jan. 21, 2009) provided that:

Article 2 (Maximum Interest Rates) (1) The maximum interest rates under contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 40 percent per annum.

(2) The highest interest rate under paragraph (1) means the interest rate agreed upon.

(3) A contract interest in excess of the maximum interest rate under paragraph (1) shall be null and void.

(4) Where a debtor has voluntarily paid interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and where the principal is extinguished, he/she may claim the return thereof

(5) Paragraph (1) shall not apply to the interest on loans the principal of which is less than 10,000 won.

Article 3 (Prior Deduction of Interest) Where advance interest is deducted, if the amount of such deduction exceeds the amount calculated according to the highest interest rate under Article 2 (1) with the amount actually received by the debtor as the principal, the excess shall be deemed appropriated for the principal.

In addition, the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) provides that “The maximum interest rate under the contract for lending and borrowing of money under Article 2(1) of the Interest Limitation Act shall be 30% per annum.”

(3) If the amount repaid by the Plaintiff is appropriated for payment of interest exceeding 30% of the maximum interest rate out of the amount repaid by the Plaintiff to the Defendant pursuant to the former Interest Limitation Act and Articles 477 and 497 of the Civil Act, the same shall apply.

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