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(영문) 수원지방법원성남지원 2019.09.18 2018가단236899
대여금
Text

1. The defendant shall pay to the plaintiff KRW 42,221,315 and KRW 38,500,00 among them, from July 19, 2018 to the day of full payment.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the defendant borrowed a total of KRW 75 million from the plaintiff by July 19, 2018, and repaid KRW 36,50,000 among them. On July 19, 2018, the defendant prepared a certificate of borrowing KRW 38,50,000 to the plaintiff (= KRW 75 million - KRW 36,500), plus interest KRW 5,00,000,000 from February 23, 2018 to July 19, 2018, and issued a certificate of borrowing KRW 43,50,000,000,000,000, including the principal and interest KRW 500,000,000 on July 19, 2018.

However, an agreement for interest exceeding the interest rate of 24% per annum pursuant to the Interest Limitation Act is null and void. Since the part exceeding KRW 3,721,315 (=38,500,000 per annum x 24% per annum x 147/365 (from February 23, 2018 to July 19, 2018) out of the agreement for interest payment of KRW 5 million x 3,721,315 (=3,500,000 per annum 38,50,721,315) is null and void, the defendant is obligated to pay the remainder of the agreement within the scope of interest calculated within the scope of 19,721,315 (=38,500,000,3721,315) and the plaintiff's claim for payment with interest rate of KRW 38,50,000 per annum from July 19, 2018.

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