logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.26 2016가합4245
대여금
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 30% per annum from July 14, 2008 to the day of complete payment.

Reasons

Comprehensively taking account of the respective descriptions of evidence Nos. 1-1, 2, 2, and 3 and the overall purport of the pleadings, the Plaintiff is recognized as having lent KRW 250,000 to the Defendant on July 14, 2008 by setting the interest rate of KRW 26% per month and the due date of repayment as April 13, 2009.

According to the above facts, the defendant is obligated to pay to the plaintiff the above loan 250,000,000 won and damages for delay equivalent to interest or interest from July 14, 2008, which is the above loan date.

Meanwhile, according to Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) and 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 lending and borrowing money is 30% per annum. Of the agreed interest rate under the above lending contract, the part exceeding the maximum interest rate under the above provision is null and void. Thus, the defendant is obligated to pay to the plaintiff 250 million won and damages for delay equivalent to the interest or interest calculated at the rate of 30% per annum from July 14, 2008 to the day of full payment.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow