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(영문) 광주지방법원 순천지원 2021.02.02 2020가단4212
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 24% per annum from June 18, 2018 to the day of full payment.

Reasons

Comprehensively taking into account the respective descriptions and the overall purport of arguments as to the cause for the claim as set forth in the Evidence Nos. 1 and 2 (including each number), the Plaintiff loaned KRW 40 million to the Defendant on March 16, 2015, KRW 10 million on March 30, 2015, KRW 17 million from July 8, 2015 to July 11, 2015, and KRW 15 million on September 17, 2015, respectively, between the Defendant and the Defendant on November 30, 2016, and the Plaintiff lent KRW 40 million, which is the principal balance of each of the above loans, to the Defendant on November 1, 2018, and the changed interest rate may be recognized as 2% on July 2018.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest rate of 24% per annum from June 18, 2018 to the date of full payment, calculated by the rate of 24% per annum, which is the agreed interest rate, from June 18, 2018 to the date of full payment.

The defendant's assertion is that the plaintiff found the defendant hospitalized in the hospital and caused the defendant who does not have a yellow dust to prepare Gap evidence No. 1-1 (a loan certificate) in a strong manner, and the agreement based on the above documents is null and void. However, there is no evidence to acknowledge that the above loan certificate was prepared by strong pressure (in the case of No. 1-1, the defendant's certificate of seal impression issued by him is attached). The above argument by the defendant is without merit.

In addition, the defendant asserts to the effect that calculating interest at 2% per month is unfair, and it should be calculated at 5% per annum until the date of the decision of this case. Thus, the defendant's interest exceeding 5 million won per annum out of the amount paid by the plaintiff to the plaintiff should be appropriated for the repayment of the principal of the loan.

However, the interest rate of 24% per annum (=2% per month) is within the maximum interest rate under the law on the restriction of interest, and it is recognized that the interest on the Plaintiff’s loans to the Defendant in this case must be calculated at the rate of 5% per annum.

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