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(영문) 수원지방법원 2015.09.24 2015가단21253
약정금
Text

1. The Defendant’s KRW 4,178,082 with respect to the Plaintiff, and KRW 5% per annum from May 7, 2015 to September 24, 2015, and the next day.

Reasons

The following facts are acknowledged according to the purport of Gap 1, Eul 1, 2, 3, and the entire pleadings.

On February 4, 2014, the Plaintiff lent KRW 25 million to the Defendant.

On October 6, 2014, the Defendant agreed to pay to the Plaintiff KRW 25 million in addition to the amount of KRW 25 million by October 30, 2014 (hereinafter “instant agreement”).

(A1) The Plaintiff sought the payment of the instant agreement, and the Defendant asserted the validity of the instant agreement.

The contract amount of this case is to be paid to the plaintiff who is the lender in relation to the first loan of 25 million won. Thus, it should be viewed as interest.

(See Article 4 of the Interest Limitation Act). Therefore, the validity of the instant agreed amount is effective only within 25% per annum as stipulated in the Interest Limitation Act, and the interest amount is 4,178,082 won from the date of borrowing the borrowed principal to the date prior to the date of repayment ( October 5, 2014, - February 4, 2014, - October 5, 2014).

= 25,000,000 ¡¿ 0.25 ¡¿ 244 ¡À365

(2) Therefore, the Defendant is obligated to pay to the Plaintiff 4,178,082 won and the amount calculated by applying each ratio of 20% per annum from May 7, 2015 (the day following the service of a copy of complaint) to September 24, 2015 (the day following the day of sentencing and the day following the day of full payment). Therefore, the Plaintiff’s claim is accepted only within the scope of the above recognition.

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