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(영문) 춘천지방법원영월지원 2016.05.25 2015가단2350
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,747,923 and a rate of KRW 20% per annum from January 25, 2014 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 4 as to the cause of the claim, the plaintiff leased KRW 30,00,000 to the defendant on September 2, 2010 as interest rate of KRW 30,00,00 on November 1, 2010. Meanwhile, the plaintiff was paid KRW 10,00,000 on January 31, 2012, and KRW 5,00,000 on April 19, 2012, and KRW 4,50,000 on May 4, 2012, and KRW 31,50 on May 31, 2012, and KRW 30,000 on December 31, 201, and KRW 10,000 on December 31, 200, 203; and

The plaintiff asserts that each of the above amounts was fully appropriated for the repayment of the interest on the above loans.

However, Article 2(3) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) provides that “The portion exceeding the maximum interest rate prescribed in Article 2(1) of the Interest Limitation Act shall be null and void.” Since the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) limits the maximum interest rate under a contract for monetary lending to 30% per annum, the interest rate applicable to the said lending shall be 30% per annum, and the amount equivalent to the interest that the Plaintiff received with respect to the exceeding portion shall be appropriated for the repayment of the principal of the loan.

(4) Article 2(4) of the Interest Limitation Act provides that each of the above money paid by the Plaintiff in light of such legal principles shall be first appropriated to the interest rate set by the highest interest rate under the Interest Limitation Act for the above loan obligation, and if the remaining money is appropriated to the repayment of the principal of the loan in sequence pursuant to the above Interest Limitation Act, the following table is as follows. Ultimately, the Defendant’s loan claim against the Plaintiff remains 13,747,923 won and damages for delay after the final payment date.

Therefore, the defendant is the day following the date on which the remaining loans were paid in 13,747,923 and the final payment was made, except in extenuating circumstances to the plaintiff.

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