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(영문) 창원지방법원 2020.02.13 2019가합470
대여금
Text

1. The defendant shall pay 27,320,000 won to the plaintiff and 25% per annum from December 31, 2016 to the day of complete payment.

Reasons

1. On March 6, 2015, the Plaintiff agreed to receive interest of KRW 500,000 per month from the Defendant as a result of lending KRW 180,000 to the Defendant. On April 1, 2015, the Plaintiff agreed to lend KRW 65,00,000 to the Defendant an additional loan of KRW 180,000,000,000 for existing loans and KRW 5,000,000,000 for additional loans and KRW 65,000,000,000 for the loan principal, and to receive interest calculated at the rate of KRW 30,00 per annum.

However, the Plaintiff received interest calculated at the rate of KRW 6,250,000 per month from the Defendant from April 30, 2015 to March 31, 2016, and interest calculated at the rate of KRW 5,000 per month from April 29, 2016 to December 30, 2016. As such, the interest accrued from the above interest, which was applied at the time, and the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; hereinafter “Enforcement Decree of this case”) regarding the portion exceeding 25% per annum from the Defendant’s principal and was appropriated for the principal and as of December 30, 2016, the remainder of the Plaintiff’s loan to the Defendant was 220,27320,000 won remaining.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum under the Interest Limitation Act and the Enforcement Decree of the instant case within the scope of the agreed interest rate from December 31, 2016 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act:

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