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(영문) 부산지방법원 2015.08.28 2015나684
대여금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Around April 2004, the Plaintiff loaned 6 million won (hereinafter “instant loan”) to the Defendant with interest rate of 36% per annum, and there is no dispute between the parties or can be recognized by comprehensively considering the respective entries and arguments in Gap evidence No. 1 and Eul evidence No. 2 (including serial numbers). Thus, the Defendant, barring any special circumstance, concluded the agreement rate of 36% per annum from May 1, 2004 to June 29, 2007, and the interest rate of 20 million won per annum from the next day to the date of full payment, and Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 2514, Jun. 1, 2014; Presidential Decree No. 2516, Jun. 16, 2014).

interest or delay damages calculated in proportion to each ratio of the section.

(B) The Defendant asserted that the Defendant actually received only the remainder of 5.7 million won, excluding the advance interest of KRW 3 million at the time, but there is no evidence to acknowledge it, and the Defendant’s above assertion is not accepted). Furthermore, the Plaintiff, separately from the instant loan, separately from the end of March, 200, set the Defendant at 36% interest rate per annum and lent it to the Defendant. As such, the Defendant is liable to pay the interest or delay damages calculated by the agreement on the above two million won and its interest rate. However, the Defendant is not the Defendant, but the Defendant, the Defendant’s seat.

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