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(영문) 서울남부지방법원 2016.04.28 2015가단58703
약정금
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from September 8, 2015 to April 28, 2016; and (c) the Plaintiff.

Reasons

1. According to the purport of Gap evidence No. 2 as to the cause of the claim and the entire pleadings, the plaintiff lent 48 million won to the defendant on September 7, 2012, and registered the creation of a neighboring mortgage from the defendant to the Seoul Special Metropolitan City, Nowon-gu Forest (hereinafter "the forest of this case"), which is owned by the defendant, with the maximum debt amount of 100 million won and the creditor. However, if the expropriation of the forest of this case is finalized, the defendant transferred the right to receive land compensation for 330 square meters out of the forest of this case to the plaintiff, and the defendant shall immediately pay the difference between 10 million won and the land compensation if the compensation for the land of 330 square meters out of the forest of this case is less than 100 million won. The forest of this case was not accepted by September 6, 2015.

According to the above facts, the defendant is obligated to pay to the plaintiff 10 million won under the agreement of this case and the damages for delay at the rate of 5% per annum under the Civil Act from September 7, 2015, which is the day following the date of the payment, to April 28, 2016, which is the date of the decision of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The Defendant’s assertion asserts that, according to the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) which was in force at the time of the instant agreement, the maximum interest rate shall not exceed 30% per annum. As such, the part of the instant agreement amount exceeding KRW 91,239,392 (interest rate of KRW 43,239,392 per annum 30% per annum) of the Interest Limitation Act among KRW 100 million, is null and void.

However, solely based on the above facts, interest agreements are separately made between the Plaintiff and the Defendant on the leased principal amount of KRW 48 million.

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