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Reasons
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(영문) 수원지방법원 2020.05.07 2019나55576
대여금
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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant is limited to KRW 20 million for the plaintiff.

Reasons

1. On March 29, 2013, the Defendant entered into a monetary loan agreement with the Plaintiff and the Plaintiff on October 28, 2013, with a maturity of KRW 20 million from the Plaintiff, KRW 20 million (30% per annum), KRW 2.5% per annum of interest, and KRW 30% per annum of agreed delay damages (hereinafter “instant loan agreement”) and jointly and severally guaranteed the Defendant’s debt against the Plaintiff.

The plaintiff paid 18.5 million won remaining after deducting 1.5 million won from the above loans on that day to the above B with the consent of the defendant.

[2] On the same day, Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jul. 15, 2014); and 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 Act No. 12227, Jul. 15, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) provides that “The above agreed interest rate of 30% is legitimate.” (2) On the same day, the Defendant received a notarial deed (hereinafter “notarial deed”) from the Plaintiff as “No. 276, 200,000 won from the Plaintiff until the due date due date due date due date due to payment due until October 28, 2013; and B borrowed 3.

(3) Meanwhile, from February 6, 2013 to November 11, 2013, the Plaintiff lent KRW 80 million in total to B five times as follows.

On February 20, 2013, the temporary principal interest rate of 20,000,000 (2.5% per annum) 2.5% on June 20, 2013 (20%) 20, 2013, 2.5% on November 11, 2013 (2.10,000 per annum 30%) on February 6, 2013; 30,000,00 per annum 5% on June 6, 2013; 4.5% on June 6, 2013, Plaintiff 20, 30,000 annual deposit from 0,000 to 30,50,000 per annum 6.5% on June 6, 2013; and Plaintiff 30,000,50 per annum 5,50% on June 20, 2013.

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