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(영문) 인천지방법원부천지원 2013.11.08 2013가합7201
대여금
Text

1. As to the Plaintiff KRW 350,000,000 and KRW 270,000 among them, the Defendant shall pay to the Plaintiff KRW 80,00,000 from March 31, 2013, and KRW 80,00,00.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including additional serial numbers), the plaintiff loaned money to the defendant on February 14, 2013, and the loan certificate with "270,000,000 won for rent, and up to March 30, 2013," and the loan certificate with "80,000,000 won for rent, and up to June 30, 2013 for repayment," respectively, are issued with the above loan certificate with "350,000,000 won for rent, and 270,000,000,000 won for the plaintiff from the following day to the date of repayment, the defendant is obligated to pay 30% per annum from the next day to the date of repayment under the Civil Act with respect to the payment order from March 31, 2013 to the date of maturity of 80,000,000 won per annum from the next day to the date of repayment.

In regard to this, the defendant is not the amount actually borrowed, and is obligated to pay the amount based on the actual borrowed amount. The plaintiff claims that the interest exceeds the interest rate set forth in the related Acts and subordinate statutes, and thus the excess interest portion is null and void. However, there is no evidence to acknowledge it, the above argument is without merit.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all.

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