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(영문) 수원지방법원 2015.04.30 2013가단96109
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 38,832,656 as well as 30% per annum from November 14, 2009 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned Defendant B the amount of KRW 29,60,000 on December 30, 2007 to July 3, 2009 on the due date, and the interest rate of KRW 36% per annum (hereinafter “the first loan”). On October 15, 2008, the Plaintiff set the amount of KRW 50,000,000 on July 15, 2009 and the amount of KRW 36% per annum (hereinafter “the second loan”).

B. Defendant B repaid to the Plaintiff the sum of KRW 73,600,000 up to November 13, 2009.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. In order to repay the amount loaned by Defendant B, such as the above basic facts in the claim, the interest, delay damages, the balance after each appropriation is made to the principal, and delay damages from November 14, 2009 to the day of full payment.

Since Defendant B did not raise any objection against the Plaintiff’s above method of satisfaction of payment, it is judged that there is no dispute between the above parties.

In addition, around April 2010, Defendant B requested money as necessary to resolve a criminal case, and the Plaintiff gave a loan of KRW 3.7 million, thereby claiming the payment of principal and delay damages.

B. 1) First, we examine the appropriation of the repayment of the first and second loans paid by Defendant B. The former Interest Limitation Act (amended by Act No. 10925, Oct. 26, 201; hereinafter “former Interest Limitation Act”) applied at the time of the Plaintiff’s second and second loans.

According to the Presidential Decree and the highest interest rate applicable to the lending and borrowing of money between private persons is 30% per annum and the excess is null and void. Thus, the repayment amount of Defendant B shall be appropriated in the order of the principal of the second loan and the second loan, calculated at the rate of 30% per annum for the second loan up to November 13, 2009, interest and delay damages calculated at the rate of 1 and 30% per annum for the second loan.

November 2009

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