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(영문) 광주지방법원순천지원 2016.01.14 2015가합10937
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 98,823,111 and interest rate of KRW 25% per annum from October 16, 2014 to the day of full payment.

Reasons

1. The Plaintiff asserted that the Plaintiff loaned KRW 170,300,000 to the Defendant at an interest rate of KRW 5% per month, KRW 5 million on August 22, 2012, KRW 5 million on September 27, 2012, and KRW 170,300,000 on September 18, 2012.

On the other hand, the Defendant repaid to the Plaintiff totaling KRW 128,610,000 over 31 times from October 9, 2012 to October 15, 2014.

In the event that the Defendant’s repayment of the principal is made in accordance with the interest rate set by the Interest Limitation Act and in the order of the principal, the principal borrowed by the Defendant would remain 98,823,111 won.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 98,823,11 as well as damages for delay calculated at the rate of 25% per annum from October 16, 2014 to the date of full payment after the date of final repayment.

2. The Plaintiff, as indicated in the attached Table 1, lent a total of KRW 170,30,000 to the Defendant at 5% interest per month over 13 times from August 22, 2012 to July 30, 2014, and the fact that the Defendant repaid a total of KRW 128,610,00 on 31 occasions from October 9, 2012 to October 15, 2014, may be recognized by comprehensively taking into account no dispute between the parties, or the overall purport of each of the statements and arguments set forth in subparagraphs A and 2 (including the serial number).

However, according to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); the maximum interest rate on cash lending contract is 30% per annum; however, according to Article 2 of the amended Interest Limitation Act; Article 2 of the Addenda; Article 2(1) of the amended Interest Limitation Act; and Article 2(1) of the amended Interest Limitation Act, the maximum interest rate is 25% per annum for the leased portion after July 15, 2014.

A contract interest shall be null and void, and where the debtor has paid at will the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be the principal.

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