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(영문) 서울북부지방법원 2016.03.18 2015가단24604
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,552,828 and the interest rate of KRW 20% per annum from June 21, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant from April 2013 to June 2013 of the same year, and the Defendant, on June 25, 2013, prepared and provided to the Plaintiff a certificate of borrowing the following contents:

Amount:21,800,000 regularly borrowed the above amount.

Performance of obligations shall be redeemed monthly.

shall be entitled to the deduction of 3,114,00 won in every seven installments.

(1) The interest rate fixed as of January 30, 2014 (as of January 30, 2014) at the rate of 60% per annum on the amount of principal repaid (the amount of interest at 60%) shall be 60% per annum.

b. 1,090,000 3) Interest payment dates shall be June 28, 2013 (paid as prior interest payment) interest payment dates.

B. Since then, the Plaintiff lent KRW 2,00,000 to the Defendant on July 16, 2013, KRW 2,000,000 on September 26, 2013, and KRW 10,000 on March 11, 2014, and the Defendant repaid to the Plaintiff each amount indicated in the “payment Date” column in the annexed sheet for satisfaction of obligation.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1 to 2, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, the amount that the Defendant paid to the Plaintiff is insufficient to repay the loan obligations up to that time, and there is no agreement or designation right between the Plaintiff and the Defendant on the satisfaction of the obligation (in the absence of evidence to acknowledge the fact that the Defendant paid most of the amount paid to the Plaintiff as the principal part of the principal, but there is no evidence to acknowledge it). The amount shall be appropriated first to the interest up to each day according to the statutory appropriation, and the amount in excess shall be appropriated

However, according to the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same), the portion exceeding 30% per annum among interest holders under a contract for monetary lending and lending is null and void. If the debtor voluntarily pays interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the original.

Therefore, the defendant.

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