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(영문) 의정부지방법원 2017.09.29 2016가단19824
대여금
Text

1. The Defendant’s KRW 69,000,000 and its weight to the Plaintiff:

A. From October 28, 2012 to July 14, 2014, 49,000 won

Reasons

1. Determination as to the cause of claim

(a) Facts below the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3, together with the purport of the entire pleadings.

1) On July 27, 2012, the Plaintiff received a loan certificate of KRW 49,00,000 from the Defendant, the due date of repayment October 27, 2012, the interest rate of KRW 2.5%, and the debtor’s Defendant’s Defendant. 2) also received from the Defendant on August 29, 2012 the Plaintiff issued a loan certificate of KRW 10,000,000, the due date of payment of KRW 15,000, the interest rate of KRW 2.5%, and the debtor’s Defendant.

3) The Plaintiff received a loan certificate issued by the Defendant from the Defendant at the time of the non-payment of the date, with the interest rate of KRW 10,00,000, interest rate of KRW 2% per month, May 15, 2013, and the Defendant as the borrower’s Defendant. According to the above facts of recognition, the Defendant issued to the Plaintiff the maximum interest rate of KRW 69,00,000 in total and KRW 149,000 in total and KRW 49,000 in total and KRW 149,000 from October 28, 2012 to July 14, 2014 (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter the same shall apply) under Article 2(1) of the former Interest Limitation Act.

(i)The provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter the same shall apply) until June 8, 2016, on which the payment order in this case was served on or from the following day.

The interest rate of 25% per annum and 15% per annum from the following day to the date of full payment shall be paid as requested by the Plaintiff. The interest rate of 30% per annum as stipulated in Article 2(1) of the former Interest Limitation Act from October 16, 2012 to July 14, 2014; Presidential Decree No. 25748, Jun. 8, 2016; Presidential Decree No. 25747, Jun. 1, 2016; Presidential Decree No. 20747, Jun. 1, 2016; Presidential Decree No. 20747, Oct. 15, 200; Presidential Decree No. 20757, Oct. 16, 200>

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