logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.26 2018나30435
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Quotation of judgment of the first instance;

A. As determined by the first instance court, it is insufficient to recognize the Defendant’s assertion that the Plaintiff or its mother is not a borrower solely on the evidence of the submission of the Defendant, including the witness D’s testimony, in light of various circumstances, such as the fact that the Plaintiff or its mother L appears to be between the F and the Plaintiff as the other party to the investment, and the Plaintiff and D prior to the instant case, not only money transaction, but also money transaction, and the Defendant and D were accused of the investment money, including the instant money.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Therefore, the Defendant: (a) Article 2 of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); (b) Article 2 of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) on the remainder of the borrowed principal and the day following the date of partial repayment of the principal claimed by the Plaintiff.

c. The term “former maximum interest rate provision”

The provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act (the maximum interest rate shall be 25% per annum) as amended on June 11, 2014 within the maximum of 30% per annum under the same provision shall apply from the date of entering into or renewal of a contract for the first time after July 15, 2014, which is the date of entry into force under Article 2 of the Addenda of the same provision, and the provision on the maximum interest rate under Article 2(1) of the amended on November 7, 2017 (the maximum interest rate shall be 24% per annum) shall apply from the date of entry into force under Article 2 of the Addenda of the same provision to the date of entering into or renewal of a contract after February 8, 2018, which is the date of entry into force under Article 2 of the Addenda of the same provision. Accordingly, with respect to each of the instant loans made before the enforcement of each of the above amended provisions, the maximum interest rate of 30% per annum under the former provision shall apply.

arrow