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(영문) 대구지방법원경주지원 2020.05.13 2019가단14106
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from September 23, 2009 to the date of full payment.

Reasons

1. Indication of claim;

A. On September 9, 2009, the payment order was finalized with respect to the Defendants and E, the amount of which is KRW 70,000,000, the principal debtor Defendant B, and the joint and several sureties. The Plaintiff prepared a loan certificate with the agreement’s 36% per annum on December 10, 2009, the agreement’s interest payment date as the 10th day of each month, and paid the Defendants and E a total of KRW 70,000,000 to September 22, 2009.

B. Meanwhile, since the above interest agreement is governed by the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the provisions on the maximum interest rate under Article 2(1) of the 30% interest Limitation Act were amended on June 11, 2014; and they were reduced to 25% per annum and 24% per annum, respectively; however, each of the Addenda provides that “this Decree shall apply to the case concluded before this Decree enters into force or renewed for the first time after this Decree,” the above amended interest rate shall not apply.

Any excess is null and void.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 70 million won with 30% interest per annum from September 23, 2009 to the day of full payment.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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