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(영문) 수원지방법원여주지원 2019.06.12 2019가합73
대여금
Text

1. The Defendant’s KRW 310,503,837 as well as the Plaintiff’s KRW 25% per annum from January 17, 2018 to February 7, 2018.

Reasons

1. Basic facts

A. The Plaintiff respectively lent to the Defendant KRW 20 million on October 19, 2016, and KRW 150 million on December 13, 2016, respectively.

(hereinafter referred to as "each of the loans of this case". (b)

As indicated below, the Defendant repaid the Plaintiff KRW 136,250,000 in total from October 19, 2016 to January 16, 2018.

Serial 15,00,00 on October 19, 2016; 5,00 on June 15, 2017; 8,750,00 on June 15, 2017; 17,50,00 on June 17, 2017; 3,00 on June 17, 20, 200 on June 17, 2017; 3,6. 8,750,00 on December 13, 2016; 4. 16, 07. 26, 07. 8; 15,00 on September 26, 2017; 10,000 on May 16, 207; 10, 2007; 15,000 on December 3, 19, 2004;

2. Determination as to the cause of action

A. The Plaintiff’s interest rate applicable to each of the instant loans is at least 25% per annum while lending each of the instant loans to the Defendant, and there is no dispute between the parties.

However, according to Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), the maximum interest rate applicable to the lending of money established from July 15, 2014 to February 7, 2018 is 25% per annum.

In addition, the contractual interest exceeding the maximum interest rate is null and void (Article 2(3) of the Interest Limitation Act). The contractual interest rate on each of the instant loans is effective only within the maximum of 25% per annum.

B. The appropriation of the Defendant’s repayment amount cannot be deemed to have been agreed between the parties regarding the appropriation of the amount paid by the Defendant to the Plaintiff as the repayment of the loan. If the Defendant appropriated the amount to the Plaintiff in the order of expenses, interest, and principal pursuant to Article 479(1) of the Civil Act, the Plaintiff’s loan shall be calculated on the basis of the attached table

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