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(영문) 서울동부지방법원 2017.05.10 2015가합108244
사해행위취소
Text

1. The defendant's KRW 400 million and its total amount shall be paid to the plaintiff

(a) From January 23, 2015 for KRW 150 million:

(b)250 million won.

Reasons

In fact, the Plaintiff, on January 23, 2015, lent to the Defendant a total of KRW 400 million, including KRW 150 million on January 23, 2015, KRW 250 million on January 27, 2015, KRW 400 million on the due date for repayment, determined on April 30, 2015, and lent interest at KRW 400 million.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 4, and Determination of the purport of whole pleadings

A. The Plaintiff seek against the Defendant the principal and interest of the lending amount of KRW 800 million under the agreement at the time of the lending, and damages for delay.

However, according to Article 2 (1) and (3) of the Interest Limitation Act and Article 2 (1) of the Interest Limitation Act, the maximum interest rate under a contract for a lending of money is 25% per annum and the contract interest is null and void.

If the interest rate under the above loan contract is converted to the annual interest rate, it is clear that the interest rate exceeds the maximum interest rate under the Interest Limitation Act as about 400%. Thus, the defendant is only liable to pay the interest within the maximum interest rate.

The defendant's assertion pointing this out is justified.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 15% per annum, as sought by the Plaintiff, within the maximum interest rate from January 23, 2015, the lease date, from January 27, 2015, to September 25, 2015, the service date of a copy of each complaint, from January 27, 2015, to September 25, 2015, and within the maximum interest rate of 15% from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is partly accepted within the extent of the above recognition.

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