대여금 등
1. The Defendant shall pay to the Plaintiff KRW 107,191,780 as well as KRW 100,000 among them, per annum from August 28, 2011 to April 2, 2015.
1. In full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2 as to the cause of the claim, it is recognized that the plaintiff loaned KRW 100,000,000 to the defendant on May 27, 201, and KRW 50,000,000 on June 7, 201; the defendant agreed to pay the plaintiff KRW 40,000,000 as interest on the loan amount of KRW 100,00,000 while the defendant borrowed KRW 140,000 from the plaintiff and paid KRW 140,00,000 to August 27, 201.
Meanwhile, Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011) provides that “The maximum interest rate under a contract for monetary lending and lending shall be prescribed by Presidential Decree within the extent not exceeding 40 percent per annum.” Article 2(3) of the same Act provides that “The portion exceeding the maximum interest rate under a contract shall be null and void.” Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) provides that “The maximum interest rate under a contract for monetary lending and lending under Article 2(1) of the Interest Limitation Act shall be 30 percent per annum.” Thus, a interest agreement between the Plaintiff and the Defendant shall be null and void.
Therefore, an agreement between the Plaintiff and the Defendant for the payment of KRW 7,191,780 (=50,000 x 30% x 175 days (=93 days) x 93 days from May 27, 2011 to August 27, 2011, 82 days from June 7, 201 to August 27, 2011, and less than KRW 82 days from August 27, 2011, 32,808,220 won (=40,000,00 - 7,191,780 - 191,780 - 200,780,000 won) as agreed upon between the Plaintiff and the Defendant is null and void. As such, the Defendant’s agreement for the payment of the principal and KRW 208,000,000,000 per annum from the above loan date to the Plaintiff as stipulated in the Civil Act.