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(영문) 부산지방법원 2017.03.07 2016가단59118
차용금
Text

1. The defendant's KRW 25,00,000 and its amount shall be 60% per annum from December 19, 2006 to June 29, 2007 to the plaintiff.

Reasons

1. The quoted part

A. Around August 19, 2006, the Plaintiff indicated the claim and lent a total of KRW 25,000,000 to the Defendant at the interest rate of KRW 60 per annum, and the due date of repayment until October 31, 2006.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 25,00,000 per annum under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 8322, Mar. 29, 2007; Presidential Decree No. 25376, Jun. 30, 2007), which is the day before the enforcement date of the former Interest Limitation Act (amended by Act No. 8322, Jun. 29, 2007); and the interest rate of KRW 60 per annum from the following day until December 20, 2016, the delivery date of the copy of the complaint of this case, and the damages for delay calculated at 15% per annum under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; Presidential Decree No. 25376, Jun. 11, 2014).

B. Articles 208(3)1 and 257 of the Civil Procedure Act of a judgment without a pleading

2. From December 19, 2006 to the delivery date of a copy of the complaint of this case, the plaintiff shall claim against the defendant the payment of interest or delay damages calculated at the rate of 60% per annum.

According to Article 2(1) of the former Interest Limitation Act (amended by Act No. 8322, Mar. 29, 2007; hereinafter the same shall apply), Article 2(1) of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); the highest interest rate under a contract for monetary lending is 30% per annum, and Article 2(2) of the Addenda of the Interest Limitation Act (amended by Presidential Decree No. 8322, Mar. 29, 2007) provides that “The interest rate under a contract for lending and borrowing relation established prior to the enforcement of this Act shall be calculated pursuant to this Act after the enforcement date of this Act”.

In this case, the agreement that the Defendant agrees to pay interest of 60% per annum to the Plaintiff exceeds 30% per annum, which is the maximum interest rate prescribed by the former Interest Limitation Act, etc., and the enforcement date of the former Interest Limitation Act.

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