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(영문) 대전지방법원 천안지원 2018.12.12 2018가단108298
대여금
Text

1. Defendant B’s interest rate of KRW 20 million and KRW 130 million among the Plaintiff shall be from December 13, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Upon introduction by Defendant C, the Plaintiff lent KRW 100 million on May 9, 2012, KRW 30 million on May 14, 2012, KRW 130 million on a total, and KRW 130 million on May 14, 2012.

The principal amount of KRW 100 million was set by June 30, 2012, and the principal amount of KRW 30 million was set by July 30, 2012.

B. Upon demanding the repayment of the above loan, on August 11, 2012, Defendant B prepared a loan certificate with the purport to pay the Plaintiff the total of KRW 200 million with the principal amount of KRW 130 million, interest and profit amount of KRW 70 million by November 30, 2012 (No. 2-1) and delivered it to the Plaintiff via Defendant C.

【Ground for Recognition: Unsatisfy, Gap 1-3 evidence (including paper numbers), the purport of the whole pleadings】

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion that Defendant B is entitled to the payment of the total amount of loans and interest KRW 200 million and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on August 11, 2012.

In this regard, Defendant B asserts that the amount of KRW 70 million should be reduced because it is excessive to pay interest and benefit.

B. As to the obligation to pay the principal of the instant loan, there is no dispute between the Plaintiff and the Defendant B, and as to the interest agreement.

According to Articles 2(1) and (3) and 5 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”), Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); and Articles 1 and 2 of the Addenda of the Interest Limitation Act (amended by Presidential Decree No. 12227, Jan. 14, 2014) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); the maximum interest rate on money lending and lending concluded and renewed by July 14, 2014 is 30% per annum; the contractual interest rate exceeds the above maximum interest rate is null and void; and the welfare agreement to be re-paid with respect to interest constitutes an amount exceeding the above maximum interest rate.

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