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(영문) 부산지방법원 2019.01.30 2018가합41088
대여금
Text

1. As to KRW 240,883,295 and KRW 149,891,276 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 240,883,295, and KRW 90,92,019.

Reasons

Basic Facts

On January 17, 2012, the first loan of this case, the Defendant drafted the following loan certificate to the Plaintiff.

on January 17, 2012, the Plaintiff borrowed 125,000,000 won (125,000,000 won) interest on the loan of KRW 146,250,000 from around 150,00 to the Defendant on January 17, 2012, after deducting KRW 3,750,00 from the loan under the above loan certificate, the Plaintiff paid KRW 146,250,00,00 for one month.

(2) On January 3, 2012, the Defendant, on January 3, 2012, prepared a loan certificate with the following contents as follows: (a) the amount of KRW 100,000,000,000,000 per day interest of KRW 25,000,000,000,000,000,0000,0000,000,000,000 won per day; (b) the amount of KRW 20,000,000,000,000,000 won per day; and (c) the Defendant, on the same day.

On January 31, 2012, the Plaintiff paid KRW 92,500,000,000, which deducts the interest of KRW 7,500,000 for three months from 100,000 as a loan under the above loan certificate, to the Defendant.

(2) The loan of this case (hereinafter “the second loan”) is not subject to dispute (hereinafter “this case’s second loan”). The first loan of this case in accordance with the loan certificate dated January 17, 2012, which is the first loan of this case, is 3,750,00 won which the Plaintiff deducted from interest in advance at interest rate of 146,250,00 won which the Defendant actually received when it delivers to the Defendant with the loan certificate dated January 17, 2012 (amended by Act No. 1227, Jan. 14, 2014; hereinafter “the second loan”) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter “the second loan”) 3,750,000 won which is the highest interest rate of 30% per annum 30,000 won (the remainder of the loan of this case’s KRW 16305,2605,5065,2605).16

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