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(영문) 광주지방법원 2019.11.07 2018가합1454
손해배상(기)
Text

1. The defendant shall pay to the plaintiff the amount of KRW 493,723,373 and the amount of KRW 464,681,843 from May 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. From April 16, 2012 to December 29, 2017, the Plaintiff: (a) determined interest on the Defendant as 4% per month; and (b) lent each corresponding amount (total KRW 1,107,950,400) indicated in the “amount of the claim” column in the attached Table 1 on the relevant date as indicated in the “lease Date” column of the attached Table 1.

(hereinafter “each of the instant loans”). (b)

The Defendant paid to the Plaintiff the amount corresponding to each of the “payment amount” column on the corresponding day in the “payment date” column of the calculation sheet of the amount appropriated for the loan as the repayment of principal and interest of the loan.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), 3, Eul 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant shall determine that the maximum interest rate under the contract on lending and borrowing of money under the Act on the Restriction of Interest at the time of each lending date does not exceed 25% per annum (Article 2(1) of the Interest Limitation Act), and the above maximum interest rate refers to the interest rate under the contract.

(2) According to Article 2(2) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); provisions on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017); and provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money under Article 2(1) of the Interest Limitation Act is 30% per annum until July 14, 2014; 25% per annum from July 15, 2014 to February 7, 2018; and 24% per annum from February 8, 2018.

The principal and interest of each of the instant loans, including interest (the excess of the interest agreement at the rate of 4% per month, shall be null and void) within the scope of the principal and interest of each of the instant loans, shall be liable to pay the remaining money and damages for delay after the Defendant

B. Regarding the method of appropriation of the amount that the Defendant paid to the Plaintiff:

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