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(영문) 대전지방법원서산지원 2019.12.04 2019가단54660
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 141,819,135 and the interest rate of KRW 12% per annum from September 6, 2019 to the date of complete payment.

Reasons

1. The Plaintiff, who indicated the claim, lent KRW 96,300,000 to the Defendant pro rata-friendly, on June 14, 2010, and lent KRW 58,000 to the Defendant for a total of 12 times until May 12, 2017, and was paid KRW 58,00,000 by the end of the end of 2018. The monthly interest rate on the said principal was set at KRW 1,475,000.

After that, the Plaintiff additionally lent a total of KRW 37,700,000 to the Defendant from June 13, 2017 to December 28, 2017.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 95,70,000 (i.e., KRW 37,700,000) and KRW 58,000 from May 13, 2017 to February 7, 2018, the highest interest rate of KRW 25% under the Interest Limitation Act (i.e., annual 24%), and the interest calculated by applying the highest interest rate of KRW 31,50,410 (annual 24%) under the Interest Limitation Act from February 8, 2018 to August 6, 2019 (i.e., KRW 10,765, KRW 753, KRW 20, KRW 784,657), the additional amount of KRW 37,700,00 from May 28, 2017 to the maximum interest rate of KRW 31,50,610 from August 28, 2017 (i.e., maximum interest rate of KRW 285).

2. Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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