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(영문) 서울중앙지방법원 2014.09.19 2014가합28553
차용금등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 115,056,063 and KRW 100,000 among them, from October 26, 2005 to June 2007.

Reasons

1. On April 21, 2005, the Plaintiff borrowed 100 million won to the Defendants on April 20, 2006 at 24% per annum (36% per annum per annum even if payment was made on April 21, 2006). Since the Defendants paid only KRW 400,000 on October 7, 2005, and KRW 210,000 on October 25, 2005, and did not pay any amount until now, the Plaintiff sought payment of the amount stated in the claim within the maximum interest rate under the Interest Limitation Act.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The plaintiff, on May 21, 2005, sought payment of damages for delay applying the agreed interest rate (30% per annum, which is the highest interest rate after the enforcement of the Interest Limitation Act) on the leased principal from May 21, 2005. However, the plaintiff is the plaintiff who received payment from the defendants on October 7, 2005 and October 25, 2005. Thus, each of the above amounts repaid should be appropriated in the order of the interest accrued until the payment date and the original amount. Thus, the claim exceeding the portion appropriated for payment is without merit.

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