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(영문) 인천지방법원 2019.07.04 2019가단226226
대여금
Text

1. The Defendant: (a) KRW 54,626,94 for the Plaintiff and KRW 30% per annum from January 1, 2010 to July 14, 2014; and (b) July 15, 2014 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 30, 2009, the Plaintiff set the Defendant’s payment period of KRW 60 million on July 30, 2009, interest rate of KRW 2.5% per annum (30% per annum) and interest payment period of KRW 30 per month, and the obligee’s domicile at the place of repayment. The Plaintiff and the Defendant set up a notarized deed No. 396, April 30, 2009, as above, between the Defendant and the Defendant, a notary public drafted a notarized deed of KRW 396, as of April 30, 2009.

Meanwhile, the maximum interest rate on contractual loans under the Interest Limitation Act is 40% per annum from June 30, 2007 to July 14, 2014, 25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018.

B. The Defendant repaid part of the amount to the Plaintiff as indicated in the attached Table, and the Plaintiff appropriated it to the interest, delay damages, and principal as indicated in the same Table. The remainder of the principal remaining as of December 31, 2009, the final repayment date, is KRW 54,626,94.

[Ground of recognition] No dispute exists, or obvious fact in this court, entry in Gap's evidence Nos. 1 through 3, and purport of whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff 54,626,94 won and the amount calculated by applying each rate of 24% per annum, which is the maximum interest rate under the Interest Limitation Act, within the scope of the agreed interest rate under the Interest Limitation Act, from January 1, 2010 to July 14, 2014, as the Plaintiff seeks. From July 15, 2014 to February 7, 2018, 25% per annum, which is the maximum interest rate under the contract on the lending of money under the Interest Limitation Act, and from February 8, 2018 to the day of full payment.

B. The defendant's assertion (1) on August 13, 2012, the defendant transferred 350 out of the 350th of the walaryaryary of the walaryary of D (the name before the change: the foundation E), which the defendant holds the right, to the plaintiff as a substitute payment for the defendant's obligation to the plaintiff (the 60 million won of the borrowed money as of April 30, 2009 and the 10 million won of the borrowed money as of May 21, 2009).

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