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(영문) 창원지방법원 2019.08.13 2018가단118902
대여금
Text

1. The Plaintiff:

A. As to KRW 153,825,136 and KRW 50,000 among them, Defendant B shall be from April 1, 2016 to May 31, 2019.

Reasons

1. Determination as to the claim of KRW 50,000,000 for loans to Defendant B on December 11, 2015

A. In full view of the facts acknowledged as evidence No. 1 and the purport of the entire pleadings, it is recognized that the Plaintiff agreed to lend KRW 50,000,000 to Defendant B on December 11, 2015, and to collect KRW 100,000 in total by calculating the interest and merit pay as KRW 50,000,000 on March 31, 2016.

B. The Plaintiff’s assertion that 50,00,00 won was 50,00 won as interest and merit pay for 100,000 won plus 50,000,000 won, but the above interest and merit pay for 50,00,000 won exceeds 25% per annum, which is the maximum interest rate of 25% per annum under the Interest Limitation Act. Thus, the Plaintiff’s obligation to pay 3,835,610 won per annum from 20,000 to 36,000 won per annum 20,000,000 won per annum from 20,50,000 won per annum from 20,000,000 won per annum 25,000,000 won per annum from 20,000,000 won per annum 36,000,000 won per annum from 20,05,000 won per annum 16,25,016.

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