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(영문) 수원지방법원안산지원 2015.08.12 2015가단17869
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 24,028,80,000 and KRW 20,000 among these amounts, from September 15, 2014 to the day of full payment.

Reasons

1. Indication of claims: Attached Form “The cause of the claim”;

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

3. Part which partially dismissed (the agreed interest on a loan);

A. The Plaintiff asserts that the loan date of KRW 20 million is February 14, 2014, and the agreed interest rate is 30% per annum, and that the above loan interest rate shall be 30% per annum.

B. However, according to the evidence evidence Nos. 1 and 2, the lending date is indicated as August 14, 2014 in a monetary loan agreement, and the Plaintiff’s transfer date of KRW 20 million to the Defendant is recognized as August 14, 2014. Thus, it is reasonable to view the lending date as August 14, 2014.

Meanwhile, according to Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 12227, Jul. 15, 2014); Article 2(1) of the Addenda; Article 2(1) of the Interest Limitation Act (Enforcement Decree No. 25376, Jul. 15, 2014); and the Addenda, the maximum interest rate under a contract for monetary lending is 25% per annum; and this applies from the first contract concluded or renewed after July 15, 2014.

As above, the Plaintiff entered into a loan agreement with respect to KRW 20 million after the enforcement date of the amended Interest Limitation Act, and thus, the highest interest rate is limited to 25% pursuant to the above Act and subordinate statutes.

C. Therefore, since the interest rate of KRW 20 million should be applied to 25%, the part in excess of the interest rate shall not be accepted in the Plaintiff’s request.

4. Bearing litigation costs: Application of the proviso of Article 101 of the Civil Procedure Act.

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