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(영문) 서울중앙지방법원 2014.07.17 2014가합7525
대여금반환
Text

1. The Defendant: (a) KRW 112,393,902 to the Plaintiff; and (b) KRW 5% per annum from January 21, 2014 to July 17, 2014 to the Plaintiff.

Reasons

1. The plaintiff's assertion that the defendant borrowed each of the amounts stated in the "amount for the tea" column in the attached Table from the plaintiff on the corresponding day at 3% or 4% of interest per month, and thus, the plaintiff is obligated to pay to the plaintiff 45,230,000 won with interest per annum at the rate of 30% per annum, which is the maximum interest rate, from each of the above borrowed amounts to the above borrowing dates until January 20, 2014. The plaintiff is obligated to pay to the plaintiff 115,60,000 won with interest per annum 145,230,000 in total and interest per annum 145,230,000 in total and interest per annum 29,60,000,000 as stated in the "amount for the tea" column in the attached Table.

2. In full view of the purport of the entire pleadings as to evidence Nos. 1-1, 2, 1, and 2 of the evidence Nos. 1-1, 2, 1, and 2 of the judgment, the Defendant borrowed each money stated in the column for “the next day” of the attached Table from the Plaintiff at 3% or 4% per interest month, and the Defendant may recognize the fact that the Defendant repaid each money to the Plaintiff on each corresponding day listed in the column for “the next day” of the attached Table on the date of repayment or the calculation date for interest.

The portion of interest under a contract for lending and borrowing which exceeds the maximum interest rate prescribed by the Interest Limitation Act is null and void, and where an obligor has voluntarily paid interest exceeding the maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the principal (Article 2(3) and (4) of the Interest Limitation Act). Since each of the above parties in this case is null and void the portion exceeding 30% per annum, which is the maximum interest rate under the Interest Limitation Act, among the parties to the above agreement, each of the above amounts shall be deemed null and void, and each of the above amounts shall be appropriated from the corresponding day to the date of repayment or the base date for calculation of interest under the attached Table, which is the interest rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, within the scope of the above agreement, from the corresponding day to the corresponding day specified in the corresponding day, and shall be appropriated for the principal, and the remainder shall be calculated according

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