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(영문) 대구지방법원 2018.06.21 2018가단9590
대여금
Text

1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from August 8, 2016 to April 5, 2018 to the Plaintiff.

Reasons

1. On March 8, 2016, the Plaintiff lent KRW 40,000 to the Defendant, and the interest rate of KRW 3% per month is no dispute between the parties.

2. Even if the period of reimbursement is not determined, the application for the instant payment order that the Plaintiff seeks payment to the Defendant was reached on April 5, 2018, and a considerable period of time has elapsed from that time to the date of closing argument of the instant case, and thus, the period of reimbursement shall be deemed to have arrived before the date of closing argument of the instant case pursuant to Article 603(2)

3. The defendant acknowledged the facts of the cause of the plaintiff's claim and want to make installment payments, but the defendant's assertion is not acceptable since there is no legal ground to permit installment payments.

4. Accordingly, the Defendant’s loan amounting to KRW 40,000,000 and the Plaintiff’s loan amounting to KRW 20,000, as claimed by the Plaintiff, from August 8, 2016 to 2018

4. There is a duty to pay 5% interest per annum for the period of 5.5. and 15% interest per annum from the next day to the day of complete payment.

(A) The Plaintiff’s claim is justified, and the Plaintiff’s claim is partially reduced. However, there was a valid interest agreement within the limit of 25% per annum, which is a limitation of the interest limitation law applicable to the contract for the consumption loan of this case. Therefore, the Plaintiff’s claim is justified, and all of the Plaintiff’s claim is justified.

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