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(영문) 인천지방법원 2017.01.19 2015가단69975
대여금
Text

1. As to the Plaintiff KRW 90,000,000 and KRW 50,000 among them, the Defendant shall start from October 16, 2009 to July 14, 2014.

Reasons

In full view of the purport of the entire arguments in the evidence Nos. 1-1, 2, 2, and 3 as to the plaintiff's claim, the plaintiff set the amount of KRW 50 million on Oct. 16, 2009 and KRW 40 million on Nov. 13, 2009 to the defendant at the interest rate of 5% per month.

According to the Interest Limitation Act, 30% per annum shall be the upper limit until July 14, 2014, and 25% per annum after July 15, 2014 shall be the upper limit.

Therefore, the defendant is obliged to pay to the plaintiff the following interest or delay damages within the scope of the agreed interest rate and the limitation of the interest limit of the interest rate with respect to the borrowed amount of KRW 90 million and the following interest or delay damages.

Of them: 30% per annum from October 16, 2009 to July 14, 2014 on the borrowing date; 25% per annum from the next day to the date of full payment; 30% per annum from the next day to the date of full payment; 40,000,00 won per annum from November 13, 2009 to July 14, 2014; 30% per annum from the next day to the date of full payment; and 25% per annum from the next day to the date of full payment; 10,000 won per annum from the Defendant’s interest payment to the Plaintiff; 25% per annum from the Defendant’s interest payment to the Plaintiff; 30,000 won by subrogation from the Plaintiff’s loan to the Plaintiff’s account; and 10,000 won per annum from the Plaintiff’s loan to the Plaintiff’s loan to the Plaintiff’s account; and 15,000,000 won per annum.

It is a question whether C paid as above, whether it can be seen as the Defendant’s payment to the Plaintiff, and whether it can be viewed as the repayment of the principal and interest of the loan.

- the evidence of any of subparagraphs 1 through 6 of this paragraph.

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