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(영문) 대전지방법원 2015.04.29 2014가합8480
대여금
Text

1. As to KRW 57,694,699 and KRW 56,91,484 among the Plaintiff, Defendant C shall be from October 23, 2012 to July 15, 2014.

Reasons

Basic Facts

A. Loan 1 of October 11, 201) The Plaintiff, on October 11, 201, extended KRW 60,000,000 to Defendant C (hereinafter “loan 1”) (hereinafter “Loan 1”).

(2) On January 10, 2012, the Defendant C transferred 54,600,000 won remaining after deducting the amount of KRW 5,400,000 from KRW 60,000 of the leased principal from KRW 60,000 per annum 30,000 of the leased principal, to the Defendant B’s account. (2) The details of Defendant C’s repayment of the loan that Defendant C repaid to the Plaintiff (hereinafter “first repayment”).

[Attachment 1] Temporary repayment amount: KRW 1,80,000 on January 12, 2012; KRW 3,800 on March 19, 2012; KRW 3.1,800,000 on March 19, 2012; KRW 4.1,800,000 on June 21, 2012; KRW 5,800 on June 21, 2012; KRW 6.1,800,000 on July 20, 2012; KRW 7.80,000,000 on August 12, 2012; KRW 1,80 on September 1, 2012; KRW 800,000 on August 1, 2012; and

B. Loans 1) The Plaintiff on February 21, 2012, on February 21, 2012, is KRW 70,000,000 (hereinafter “loan 2”) to the Defendants on February 21, 2012.

(2) On June 20, 2012, with the due date set at a rate of 30% per annum, the remainder of KRW 61,600,000,000, which remains after deducting the amount of KRW 70,000 from the leased principal of KRW 70,000,000, from the leased principal of KRW 8,400,00, from the leased principal, was remitted to the Defendant’s account under the name of Defendant B. (2) The details on which the Defendants repaid the loans to the Plaintiff (hereinafter “the second repayment amount”)

Article 2(1), (3), (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) (amended by Act No. 1227, Dec. 28, 2012; 20,000 won on December 28, 2012; 30,200,000 won on May 20, 2014; 24,200,000 won [the ground for recognition] of the amount of payment [the ground for recognition] of the evidence of subparagraphs 1 through 4; and Article 2(1), (3), (4), and (3) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; 30% of the annual interest rate on money lending is the maximum interest rate of Article 2(1) of the current Interest Limitation Act (amended by Act No. 12514, Feb. 27, 2014).

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