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(영문) 제주지방법원 2019.05.13 2018가단62470
근저당권말소
Text

1. The Defendant shall pay KRW 4,415,609 from Plaintiff B and KRW 25% per annum from July 24, 2018 to the date of complete payment.

Reasons

1. On March 25, 2016, Plaintiff B borrowed interest of KRW 50,000,000 from the Defendant as of March 25, 2016, KRW 3,000,000 per month, and the due date for payment on March 24, 2017.

(hereinafter “The First Loan for Consumption.” From April 25, 2016 to March 9, 2017, Plaintiff B paid to the Defendant a total of KRW 33,00,000 as indicated in the column of “the details of repayment” in attached Table / [1].

Plaintiff

B, on March 6, 2017, in borrowing additional KRW 30,000,00 from the Defendant, drafted a certificate of borrowing “80,000,000 (the total amount of KRW 30,000,000 (the first loan for consumption plus the total of KRW 50,000,000) for interest, 5% per month for interest, and on March 6, 2019.”

(hereinafter “Secondary Loan for Consumption.” From April 17, 2017 to July 23, 2018, Plaintiff B paid to the Defendant a total of KRW 64,00,000,00 as indicated in the column for “the details of repayment” in the attached Table [2].

Plaintiff

On March 6, 2017, A entered into a contract with the Defendant to set up a collateral on the instant real estate owned by the Plaintiff as the mortgagee, the debtor, the maximum debt amount of which is KRW 96,00,000 with respect to the instant real estate owned by the Plaintiff. On March 7, 2017, A completed the registration of creation of the instant collateral to the Defendant on March 7, 2017.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 5, Gap evidence No. 9 (including each number), and the purport of the whole pleadings

2. The amount of debts remaining after borrowing;

A. (1) According to the provision on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), the maximum interest rate under a contract for lending and borrowing money is 25% per annum, and the contractual interest exceeds the maximum interest rate under a contract is null and void, and the obligor’s arbitrary payment of interest exceeding the above maximum interest rate is equivalent to the interest paid.

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