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(영문) 의정부지방법원 2020.12.24 2019가단107630
대여금
Text

The defendant shall pay to the plaintiff KRW 61,00,000 and KRW 50,000 among them, 24% per annum from September 29, 2018 to the date of full payment.

Reasons

1. Determination on loan claims

A. Examining the determination on the cause of the Plaintiff’s claim, the Plaintiff loaned KRW 5 million to the Defendant on July 10, 2017 with interest rate of KRW 2% on October 10, 2017, and with interest rate of KRW 45 million on December 13, 2017, and with interest rate of KRW 5 million on February 28, 2018 ( approximately 51.99% per annum), KRW 5 million per annum from February 28, 2018, with interest rate of KRW 2.5% per annum from February 25, 200 to KRW 2.4% per annum from February 28, 2018, and each loan was made with interest rate of KRW 1,2,44,77,9,10 per annum from July 28, 201 or with interest rate of KRW 2,50,000 per annum 2,500 per annum, barring any special circumstance.

B. As to the Defendant’s objection to the determination of the Defendant’s objection to repayment, the Defendant asserted that all of the above loans were repaid, taking into account the following facts: (a) the Plaintiff’s objection to the loan of KRW 5 million on February 28, 2018; and (b) the Defendant’s repayment of KRW 50 million on March 8, 2018; and (c) there is no counter-proof; (d) five million on February 28, 2018, the interest rate of KRW 25% per annum, which is the maximum interest rate under Article 2(1) of the former Interest Limitation Act, exceeds the interest rate of KRW 45 million; and (e) the Defendant’s repayment of KRW 5 million on February 28, 2018.

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