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(영문) 인천지방법원 2014.11.26 2014가단60872
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from August 13, 2014 to the date of full payment.

Reasons

1. The plaintiff asserts to the effect that the plaintiff is liable to pay to the plaintiff the total sum of KRW 50 million and delay damages from the next day after the delivery of a copy of the complaint to the plaintiff, after deducting KRW 2 million from prior interest, etc.

Comprehensively taking account of the overall purport of the pleadings in each of the statements No. 1, No. 1, No. 1, and No. 2 (including paper numbers), the Plaintiff, on February 25, 2013, remitted KRW 48,000,000, which deducted KRW 2,000,000 from prior interest, etc., to the Defendant’s account in the name of the Defendant, while lending KRW 50,00,00 to the Defendant on February 25, 2013 (hereinafter “loan”).

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 50 million as well as damages for delay calculated at the rate of 20% per annum from August 13, 2014 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment, according to the Plaintiff’s claim (the total sum of principal, interest, etc.).

2. The defendant's defense is a defense that the amount received from the plaintiff is limited to KRW 48 million, and the defendant paid KRW 90,001,650 to the defendant.

According to Article 2(1), (3), (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014), the maximum interest rate under a contract for lending and borrowing money is 30% per annum, and the amount exceeding the above maximum interest rate is null and void. If an obligor voluntarily pays interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the original, and if the amount deducted from the advance interest exceeds the amount calculated according to the above maximum interest rate by making the amount actually received by the obligor as the original (calculated original).

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