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(영문) 수원지방법원 2020.07.14 2019가단543973
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 91,468,572 and the interest rate of KRW 24% per annum from February 27, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) agreed to receive payment of interest with the Defendant on the 25% per annum and the 15th day of each month, and from February 3, 2015 to August 31, 2017, the Plaintiff loaned money from time to time to time to time to time. Since February 8, 2018, the interest rate of 24% per annum is the highest interest rate under the Interest Limitation Act. (2) The Defendant paid to the Plaintiff the balance of the said loan 150 million won by December 31, 2018. (3) The Defendant did not pay the loan obligation to the Plaintiff any longer after repayment of the interest that ought to be paid on December 15, 2018.

3) Therefore, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from December 16, 2018 to the date of full payment of the balance of the borrowed amount of KRW 150 million and the interest or delay damages calculated at the rate of 150 million per annum. (B) According to each of the evidence No. 1-1, No. 2, No. 2, No. 2, No. 3-3, No. 4, No. 1, and No. 2, the Plaintiff agreed to pay the Defendant and the interest at the rate of 25% per annum and the 15th of each month to the Defendant from February 3, 2015 to August 31, 2017.

2) Article 2 (1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; Presidential Decree No. 28413; Presidential Decree No. 28413; the maximum interest rate on loans of money under Article 2 (1) of the Interest Limitation Act was reduced from 25% per annum to 24% per annum; according to the Addenda to the above amendment, this Decree shall enter into force on the date three months have elapsed after the date of its promulgation (Article 1); this Decree shall apply from the date of entering into or renewal of a contract after the enforcement of this Decree (Article 2. The last loan contract between the Plaintiff and the Defendant was entered into on February 8, 2018, which was earlier than the enforcement date of the above amendment; however, as long as the contract between the Plaintiff and the Defendant entered into on February 31, 2017, an agreement rate of 25% per annum after February 8, 2018; however, the Plaintiff sought a lower annual application from 201.

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