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(영문) 서울중앙지방법원 2016.08.30 2016가단5069440
대여금
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from July 19, 2013 to June 3, 2016.

Reasons

1. The fact that the Plaintiff lent KRW 30,00,000 to the Defendant on July 19, 2013 by means of remitting the amount of KRW 30,00,00 to the Defendant’s Dong-C bank account is recognized as follows: (a) evidence Nos. 1 and evidence Nos. 4-1 through 3 are included in each of the evidence Nos. 4-1 through 3.

Therefore, the Defendant is obliged to pay the Plaintiff the loan amounting to KRW 30,000,000 and damages for delay.

Meanwhile, the Plaintiff claims interest on the above loan amounting to 25% per annum (excluding the invalid portion under the Interest Limitation Act out of the rate of 30% per annum, the parties to the agreement), and there is insufficient evidence to acknowledge that the Plaintiff and the Defendant paid interest on the above loan amounting to 30% per annum, and there is no other evidence to acknowledge it. Thus, only the interest rate of 5% per annum as prescribed by the Civil Act from July 19, 2013 to June 3, 2016, the delivery date of the copy of the complaint in this case, shall be recognized.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed. It is so decided as per Disposition.

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