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(영문) 부산지방법원 동부지원 2021.03.24 2020가단8946
약정금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 104,000,000 won and the period from May 17, 2017 to November 25, 2020.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any applicable legal argument (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. The receipt of a creditor in relation to the lending and lending of part of money by the creditor shall be deemed as interest (Article 4 of the Interest Limitation Act). Since the interest agreement on the portion exceeding 24% per annum, which is the highest interest rate under the Interest Limitation Act, is null and void (Article 2 of the Interest Limitation Act), the portion exceeding 4,000,000 won out of the claim for the agreed amount of KRW 100,000 (=10,000,000 x 24% x 2/12 months) shall be dismissed.

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