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(영문) 수원지방법원 2016.03.30 2015가단31854
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,419,819 and the interest rate of KRW 20% per annum from September 17, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Plaintiff loaned to the Defendant KRW 1.0 million, interest KRW 430,000 per month, and due date on December 20, 2014. On the same day, KRW 10,000,000 per month, interest KRW 400,000 per month, and due date on January 20, 2015.

B. In other words, the Plaintiff, on July 17, 2014, lent to the Defendant KRW 10 million, interest KRW 500,000 per month, and due date on November 30, 2014.

C. Since then, on April 21, 2014, the Defendant repaid KRW 100,000,000 to the Defendant, and on October 30, 2015, “the date of payment” in the attached Form “the date of payment” in the “statement of appropriation” was repaid each time at each time.

On January 9, 2016, the Plaintiff is a person who received KRW 3 million from the Defendant as a partial repayment of principal.

[Ground for recognition] Unsatisfy, each entry of Gap 1-3 (including virtual number), and the whole pleading

2. The Plaintiff asserted and determined that the principal of the above loan amounting to KRW 30 million and the damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

In light of the above facts, the amount that the Defendant repaid to the Plaintiff up to 11 times on October 30, 2015 is insufficient to repay the loan obligations up to each other. The Plaintiff and the Defendant do not exercise the agreement or designation right on the appropriation of performance. Thus, it shall be appropriated first to the interest up to the date of each repayment in accordance with the statutory appropriation, and the excess amount shall be appropriated to the principal.

However, according to the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014), the portion exceeding 30% per annum among the interest holders under a contract for lending and borrowing of money is null and void, and the portion exceeding 25% per annum is null and void under the current Interest Limitation Act. Thus, if the Defendant arbitrarily paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal.

Therefore, the interest that the defendant has to pay.

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