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(영문) 의정부지방법원 2016.07.22 2016가단109802
대여금
Text

1. As to KRW 85,00,000 and KRW 82,428,434 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 15, 2016 to July 22, 2016.

Reasons

1. The Defendant’s loan of KRW 50,00,00 to the Defendant on February 13, 2012, and KRW 50,000,00 to the Defendant on March 8, 2012 (hereinafter “each of the instant loan”); the fact that the due date for each of the instant loan claims was June 25, 2012; the fact that both the original Defendant and the Defendant are merchants do not dispute between the parties; or the purport of each of the written evidence Nos. 1, 2, 1, 2-1, 2-2, 2-2 (including a serial number), including all of the arguments, can be acknowledged by adding them to the purport of the entire pleadings. According to the above recognition, the Defendant shall pay the Plaintiff damages for delay calculated at the rate of KRW 100,000,000 and 50,000 to June 26, 2012.

2. Appropriation of appropriation;

A. According to Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); the maximum interest rate on loans of money at the time of the instant lease is 30% per annum; the contractual interest rate exceeds the above maximum interest rate is 30% per annum; if the debtor arbitrarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal; and if the amount deducted from the advance interest rate exceeds the amount calculated according to the above maximum interest rate, the excess portion shall be deemed as 00 won (see Supreme Court Decision 2000 won; 2003Da53745, Feb. 15, 20005, 2001).

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