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(영문) 의정부지방법원 2020.04.23 2019가합1081
대여금
Text

1. The Defendant’s KRW 145,945,205 as well as the Plaintiff’s KRW 30% per annum from July 21, 201 to July 14, 2014, and the following.

Reasons

1. Indication of claim;

A. On April 15, 201, the Defendant agreed to repay KRW 300,000,000,000, which is added to the above borrowed money as interest source, on June 27, 2011, when borrowing KRW 200,000,000 from the Plaintiff.

However, the above interest agreement exceeds the interest rate of 30% per annum under the Interest Limitation Act, which was in force at the time, and the interest agreement exceeding the restricted interest rate is null and void. Thus, the defendant is obliged to pay the plaintiff the interest calculated at the rate of 200,000,000 won with the borrowed principal and the interest calculated at the rate of 30% per annum.

B. The Defendant borrowed money as above but did not pay the borrowed principal and interest on June 27, 201, which is the date on which the agreed repayment was due, and repaid KRW 70,00,000 on July 20, 201 with the above repayment date. The Defendant’s above repayment amounted to KRW 15,945,205 (=20,000,000 x 30% x 97 days/365 days) with interest priority, and the remainder of KRW 54,05,795 with the remainder of KRW 145,945,205 (=200,000 -54,054,795), and with respect thereto calculated at the rate of 30% per annum from July 21, 2011 to the date of repayment.

C. Meanwhile, since the restriction rate of the Interest Limitation Act was changed to 25% per annum from July 15, 2014 to November 6, 2017, and from November 7, 2017 to 24% per annum, the interest rate borne by the Defendant shall also be changed according to the modified interest rate. Thus, the Defendant is obliged to pay to the Plaintiff interest interest accrued at KRW 145,945,205, and interest accrued at the interest rate under the Interest Limitation Act.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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