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(영문) 서울중앙지방법원 2014.02.18 2013가합68950
대여금
Text

1. The defendant shall pay to the plaintiff KRW 213,534,247 as well as KRW 200,000 among them, from June 29, 2012 to the day of full payment.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the defendant entered into a sales agency contract on April 2, 2010 with Shee Construction Co., Ltd. (hereinafter "Shee Construction"), the defendant, as the owner of Shee Construction, on two above ground D apartment complexes outside Geumcheon-gu Seoul, Geumcheon-gu, which the defendant sells as the owner of Shee Construction, for the purpose of the sales agency contract, on the above sales agency contract, the defendant shall pay Shee Construction a deposit amount of KRW 200,000,000 among the above deposit amount, KRW 100,000,000 among the above security deposit, and KRW 80,000 among the above security deposit amount, and KRW 20,000,000 among the above security deposit amount, and KRW 200,000,000 of the deposit amount, and KRW 20,300,000,000.

Meanwhile, Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter “former Interest Limitation Act”) provides that “The maximum interest rate under the contract for monetary lending shall be determined by Presidential Decree within the scope not exceeding 40 percent per annum,” and Article 2(3) of the same Act provides that “The portion exceeding the maximum interest rate under the contract shall be null and void.” The maximum interest rate under Article 2(1) of the Interest Limitation Act enacted upon delegation under the delegation of the above provision provides that “The maximum interest rate under the contract for monetary lending under Article 2(1) of the Interest Limitation Act shall be 30 percent per annum.”

If so, the repayment period of the above loan came on July 19, 2012, and the above.

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