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(영문) 서울중앙지방법원 2015.07.14 2015가합7195
대여금
Text

1. The defendant shall pay 247,470,000 won to the plaintiff and 20% per annum from February 13, 2015 to the day of complete payment.

Reasons

1. As to the cause of claim

A. The following facts are either in dispute between the parties or in each entry in Gap evidence Nos. 1 through 3, with a comprehensive view to the purport of the whole pleadings, and there is no other counter-proof evidence to reverse it:

1) Around June 5, 2014, the Plaintiff agreed to lend KRW 20,000,000 to the Defendant by setting the interest rate of KRW 3% per month (pre-paid interest) and on December 31, 2004. On the same day, the Plaintiff paid KRW 19,40,000,000 to the Defendant from KRW 20,000 to KRW 19,40,000. (2) Around July 30, 2014, the Plaintiff lent KRW 93,00,000 to the Defendant by setting the interest rate of KRW 2% per month and on December 31, 2014.

3) On July 31, 2014, the Plaintiff paid the Defendant interest rate of 6% per annum and July 30, 2017 with the due date. On July 25, 2017, the Defendant paid a certain amount (4,013,055 won) of the interest on the pertinent month and the principal amount of the interest on the relevant month, and at least once paid the interest in arrears, leased KRW 144,470,00 by immediately lose the due date and paying the remainder of the borrowed amount and the overdue interest rate of 20% per annum. The Defendant immediately delayed the payment of the above interest, thereby losing the above interest. (B) Article 2(1), (3), and (4), and Article 3 of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); (3) of the same Act, the obligor’s maximum interest rate per annum in excess of the above maximum interest rate per annum in excess of the original amount per annum.

According to this, the plaintiff around June 5, 2014.

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