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(영문) 청주지방법원 2019.11.01 2019가단4212
대여금
Text

1. The Defendant shall pay 50 million won to the Plaintiff and 25% per annum from January 6, 2016 to the date of complete payment.

Reasons

1. Judgment on the plaintiff's assertion

A. In full view of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 6 (including each number), it is recognized that the defendant borrowed 50 million won from the plaintiff on July 6, 2015 at the interest rate of 30% per annum and January 5, 2016 on the due date.

B. Meanwhile, according to Article 2(1) and (3) of the Interest Limitation Act and Article 2(1) of the same Act on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate at the time of the said monetary lending contract is 25% per annum, and the agreement on interest and delay damages in excess is null and void.

C. According to the above facts and legal principles, the Defendant is obligated to pay to the Plaintiff the above loan amount of KRW 50 million and damages for delay at the rate of KRW 25% per annum from January 6, 2016 to the date of full payment, which is the day following the day on which the above loan was due, to the day of full payment.

(2) Therefore, the plaintiff's claim for damages for delay exceeding the above limited interest rate is rejected.2. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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