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(영문) 서울동부지방법원 2016.06.29 2015가합104617
대여금
Text

1. The Defendant’s KRW 950 million and, among them, KRW 950 million to the Plaintiff:

A. From July 27, 2005 to June 29, 2007 for KRW 930,000,000.

Reasons

Facts of recognition

The following facts can be acknowledged in full view of the purport of the whole pleadings in the statement Nos. 1 through 8 of the evidence.

The Plaintiff lent to the Defendant as indicated below.

The loan interest rate/year (%) interest rate of 24 billion won on July 27, 2004, which was 24 billion won on July 14, 2004, KRW 427 billion on July 14, 2004, KRW 242 million on October 14, 2004, KRW 242 million on November 5, 2004, KRW 242 million on August 14, 2004, KRW 3.6 million on August 25, 200, KRW 3.6 million on August 25, 2004, KRW 46 million on August 24, 200, KRW 421.6 billion on a loan, and the Plaintiff agreed to have the loan interest rate of KRW 50 million on July 26, 200, KRW 500,000 on May 26, 205.

In addition, the Plaintiff set the payment period of KRW 30 million to the Defendant on March 25, 2005 at the rate of 36% per annum, 36% per annum, and 48% per annum, and respectively set the payment period of KRW 45 million on April 20, 2005 at the rate of 48% per annum on July 20, 2005.

In addition, the Plaintiff lent KRW 15 million to the Defendant on July 8, 2005, and KRW 5 million on August 2, 2005, to the Defendant as a security deposit (hereinafter “loan under the name of security deposit”).

Judgment

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 951 million (=856 billion) and the delay damages amounting to KRW 30 million ( KRW 45 million) and KRW 15 million ( KRW 5 million).

The plaintiff shall claim damages for delay at the rate of 34.99% per annum from July 27, 2005 to the date of full payment.

First, with respect to KRW 856 million, KRW 30 million, KRW 45 million, and KRW 931 million in total, from July 27, 2005 (as sought by the Plaintiff after the due date of each loan), the former Interest Limitation Act was enacted by Act No. 8322 on March 29, 2007 and enforced June 30, 2007.

The former Interest Limitation Act (hereinafter “former Interest Limitation Act”)

(1) Article 2(1) of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 2018, Jun. 28, 2007; Presidential Decree No. 20118, Jun. 30, 2007)

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