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(영문) 서울중앙지방법원 2015.07.09 2014나57425
대여금
Text

1. From May 4, 2004 to June 29, 2007, the defendant in the judgment of the court of first instance had the plaintiff KRW 12,00,000 and its amount.

Reasons

1. According to the records of this case regarding the legitimacy of the appeal for subsequent completion, the court of first instance served a duplicate of the complaint and the notice of the date for pleading by public notice on December 17, 2004 on the same day and served on the defendant as the date for pleading on December 17, 2004. The original copy of the judgment of the court of first instance served on the defendant on December 31, 2004 by means of service by public notice. Meanwhile, it is recognized that the defendant was delivered by the debt collection company on October 14, 2014 and appealed to the court of first instance on October 20, 2014. According to the above facts, according to the above facts, the defendant was unable to observe the period for appeal due to any cause not attributable to himself, and thus, the defendant filed the appeal of this case from October 14, 2014 to October 20, 2014, which became aware of the progress and outcome of the lawsuit of the court of first instance.

2. Judgment on the merits

A. In full view of the purport of subparagraph 1 of the judgment as to the cause of the claim Gap's written evidence and the whole pleadings, on January 20, 2004, the plaintiff set 48% interest rate of 12,00,000 won per annum and 60% per annum and due date for arrears, and on May 3, 2004, respectively (hereinafter "the loan of this case"). The defendant is found to have jointly and severally guaranteed the above loan obligations against the plaintiff by the co-defendant C of the first instance trial. According to the above facts, the defendant is jointly and severally liable with the co-defendant of the first instance trial to pay the above loan of 12,00,000 won and damages for delay from the day following the due date as the plaintiff seeks.

However, Article 2 (1) and (3) of the Interest Limitation Act (amended by Act No. 8322 of March 29, 2007 and enforced as of June 30, 2007) (Article 2 (2) of the Addenda that "the maximum interest rate under a contract for monetary lending shall be prescribed by Presidential Decree within the extent not exceeding 40 percent per annum, and the part exceeding the above maximum interest rate shall be null and void."

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