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(영문) 수원지방법원안산지원 2017.12.08 2017가단62405
대여금
Text

1. The Defendant’s KRW 37,011,562 and KRW 23,321,917 among them shall be 5% per annum from September 7, 2017 to December 8, 2017.

Reasons

1. Indication of claim: A claim for a loan made on the ground that the Plaintiff agreed to obtain a refund of KRW 42,00,000 from the Defendant on January 31, 2015 while lending KRW 25,000,000 to the Defendant on October 21, 2014, and that the Defendant agreed to obtain a refund of KRW 5,00,000 on May 2, 2015.

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

3. As of May 2, 2015, the Defendant’s dismissal date, as of May 2, 2015, the interest amounting to KRW 25,00,000 for the principal leased to KRW 25,00,000 per annum under the Interest Limitation Act (i.e., KRW 25,000,000 x 0.25 x 194/365 x less than KRW 194/365; hereinafter the same shall apply). The Defendant’s repayment amounting to KRW 5,00,00 was appropriated for part of the interest and principal amount, and the principal was appropriated for part of the interest and principal amount (=23,321,917-5,000,000 +3,321,917-5,000,000).

Furthermore, as to this, the sum of principal and interest calculated at the rate of 25% per annum from May 3, 2017 to September 6, 2017 [37,01,321,917 x 15% per annum from May 3, 2017 x 37,01,562 x 10.25 x 127/365 x 562 x 23,321,917 x 37,01,562 x 23,321,917 x from September 7, 2017, which is the date the judgment of this court is rendered, that the defendant raised a dispute as to the existence and scope of the obligation to perform, and the damages for delay calculated at the rate of 15% per annum under the Civil Act from the next day to the day of full payment, is in violation of the Interest Limitation Act, and is dismissed.

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