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(영문) 서울중앙지방법원 2015.08.27 2014가합61963
대여금
Text

1. The Defendant’s KRW 318,33,250 among the Plaintiff and KRW 299,906,250 among them, shall be KRW 18,427,00 from January 31, 2014, and KRW 18,427,00.

Reasons

1. Facts of recognition;

A. On January 21, 2013, the Plaintiff agreed to lend KRW 150 million to the Defendant at an interest rate of KRW 2.5% per month, and on May 21, 2013, the Plaintiff paid KRW 14,4755,00,000, which was calculated by deducting the total sum of 5,250,000 won, including the monthly advance payment for the same day (i.e., KRW 150,000 x 2.5% per month) from the Defendant.

(hereinafter referred to as “loan 1”). (b)

On September 6, 2013, the Plaintiff loaned KRW 50 million to the Defendant at an interest rate of KRW 2.5% per month and due date on December 6, 2013.

(hereinafter referred to as “second loan”). (c)

On September 30, 2013, the Plaintiff leased 100 million won to the Defendant at the rate of 2.5% per month and the due date of repayment on October 31, 2013.

(hereinafter “third lending”) d.

On November 1, 2013, the Plaintiff leased KRW 50 million to the Defendant on January 1, 2013 at an interest rate of KRW 2.5% per month, and on January 1, 2014.

(hereinafter “No. 4 Loans”). / [Grounds for recognition] Each entry in the Evidence No. 1, 3, 6, 7, and 8 (including each number), and the purport of the whole pleadings.

2. Determination

A. According to Article 2(1), (3), and (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under a contract for monetary lending is 30% per annum; the above maximum interest rate exceeds the above maximum interest rate is null and void; where the debtor arbitrarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the interest paid is appropriated for the principal; where the amount of deduction exceeds the amount calculated based on the above maximum interest rate, the Plaintiff is deemed to have been appropriated for the principal (see, e.g., Supreme Court Decision 2012Da15371, Oct. 11, 2012).

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