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(영문) 전주지방법원 2014.10.02 2014나775
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

On January 30, 2013, the Jeonju District Court against the defendant's plaintiff.

Reasons

1. Basic facts

A. On March 18, 2009, the Plaintiff borrowed KRW 10 million from the Defendant as of October 20, 2009 (hereinafter “the said money”) with the due date set by the Plaintiff, and on the same day, set up a loan certificate stating “2% per annum” (hereinafter “the instant loan certificate”) and delivered it to the Defendant.

B. On January 29, 2013, the Defendant filed an application with the Plaintiff for the instant loan and payment order claiming damages for delay against the Plaintiff. On January 30, 2013, the instant court issued a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 10 million and the amount calculated at the rate of KRW 20% per annum from February 5, 2013 to the date of full payment (hereinafter “instant payment order”), and the said payment order was finalized on February 19, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. As to the interest rate on the instant loan, the Plaintiff paid 300,000 won, which is the amount equivalent to the ratio of 3% of the loan of this case, during the first three months of March 18, 2009, April 21, 2009, and May 25, 2009, as follows. Thus, even if the loan of this case, which was unilaterally prepared by the Plaintiff to the Defendant, stated that the interest rate is 2% per annum, it is reasonable to deem that the agreed interest rate on the loan of this case is 3% per month.

B. On March 18, 2009, April 21, 2009, and May 25, 2009, the Plaintiff paid KRW 300,000 as interest for each one-month period from September 22, 2009 to November 20, 201, and the Defendant received a collection order for the Plaintiff’s deposit claim against the Republic of Korea on April 12, 201, under the instant payment order issued by the court No. 2013ta2646, Apr. 12, 2013, and collected KRW 2.5 million from the Republic of Korea on April 16, 2013 from the parties.

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