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(영문) 대전지방법원천안지원 2020.11.25 2020가단5880
대여금
Text

The Defendants jointly and severally agreed to the Plaintiff KRW 60,000,000, and 30% per annum from May 4, 2010 to July 14, 2014.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim

(However, “debtor” and “creditor” are “Plaintiffs” and “creditors”. 2. Judgment by applicable provisions of law (Articles 208(3)3 and 257 of the Civil Procedure Act)

3. Some of the rejection parts claim against the Defendants for the payment of damages for delay calculated at the rate of 30% per annum from May 4, 2010 to the date of full payment. However, an agreement on the portion exceeding the maximum interest rate under the Interest Limitation Act is null and void.

Meanwhile, the maximum interest rate under the Interest Limitation Act is 30% per annum from June 30, 2007 to July 14, 2014 (amended by Act No. 12227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”).

(1) From February 8, 2018, Article 2(1) of the former Interest Limitation Act, Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jul. 15, 2014); Article 25% (amended by Presidential Decree No. 28413, Nov. 17, 2017); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 17, 2017); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Feb. 8, 2018; Presidential Decree No. 25320, Feb. 15, 2018). Thus, the Plaintiff’s claim for damages for delay is invalid.

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