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(영문) 청주지방법원충주지원 2015.10.08 2015가단109
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion is jointly and severally liable to pay to the plaintiff 69,000,000 won with a loan of KRW 15,00,000 to the plaintiff on May 3, 200 and interest obligation calculated at the rate of 3% per month. Thus, the plaintiff is liable to pay to the plaintiff 69,00,000 won with a loan of KRW 15,000 [=5,00,000 with interest of KRW 15,000 with a loan of KRW 15,000 x 3% per month x 120 months] and the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

B. According to the reasoning of the judgment below, Gap evidence 1-1, C borrowed 15,00,000 won from the plaintiff on May 3, 2004 as interest rate of 3%, and the defendant guaranteed Eul's above loan obligation against the plaintiff.

(C) In light of the above, C’s obligation to the Plaintiff (hereinafter “instant loan”), and the Defendant’s obligation to the Plaintiff (hereinafter “instant deposit”). Therefore, the Defendant, barring any special circumstance, requested the Plaintiff to pay 62,867,671 won (= principal amount of KRW 15,00,000 + KRW 17,058,082 (= per annum 15,000,000 x annual rate of KRW 36 per annum x 36% from May 3, 2004 to June 29, 2007 x 30,809,589 won [15,00,0000] from May 15, 200, 2000, interest rate of KRW 205,000 x Interest Rate of KRW 20,000 from May 127, 2014] (amended by Presidential Decree No. 25136, Jun. 16, 2014).

Until March 25, 2015, the day following the service of a copy of the complaint of this case, is liable to pay interest calculated by the rate of 20% per annum for the plaintiff from March 25, 2015 to the day of full payment.

Among the plaintiff's claims, the interest rate exceeding the above maximum interest rate prescribed by the Interest Limitation Act is sought.

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