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(영문) 부산지방법원 동부지원 2018.07.12 2017가합103657
대여금
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 25% per annum from April 29, 2015 to the day of complete payment.

Reasons

The Plaintiff asserts that, around April 29, 2015, the Plaintiff leased KRW 250,000,000 to the Defendant at interest rate of 30% per annum and on May 15, 2015, the Defendant should pay to the Plaintiff the aforementioned KRW 250,000,000 and the agreed interest or the agreed interest thereon.

The defendant shall be deemed to have led to confession under Article 150 (3) of the Civil Procedure Act.

However, inasmuch as the Interest Limitation Act is a mandatory provision and its violation may be determined ex officio (see, e.g., Supreme Court Decision 2009Da103738, Mar. 25, 2010), according to Article 2(1) and (3) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, which was in force on April 29, 2015 (amended by Presidential Decree No. 28413, Nov. 17, 2017), the part that exceeds 25% per annum as a contractual interest is null and void.

Therefore, the defendant is obligated to pay to the plaintiff the interest rate of 25% per annum or delay damages calculated from April 29, 2015 to the day of complete payment.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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