대여금
1. The Defendant shall pay to the Plaintiff KRW 16,187,467 and the interest rate of KRW 25% per annum from January 1, 2016 to the day of complete payment.
Comprehensively taking account of the purport of Gap evidence Nos. 1-1 through 4-4, the plaintiff may recognize the fact that the plaintiff lent KRW 21,200,000 to the defendant on February 25, 2015 without fixing the due date for payment, with the payment of KRW 900,000 as interest per month ( April 24, 200), and there is no counter-proof.
Meanwhile, according to the provisions on the maximum interest rate under Article 2(1), (3), and (4) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 25% per annum, and the contract interest is null and void in excess of the above maximum interest rate, and where the debtor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal
As seen earlier, the Defendant agreed to pay KRW 90,000 per month interest to the Plaintiff. Since the Plaintiff is a person who received interest from the Defendant each on the date indicated in the column for the repayment of the obligation on the following table, the part of the interest agreement in excess of 25% per annum pursuant to the Interest Limitation Act is null and void, and the amount equivalent to the interest paid by the Defendant in excess of the above maximum interest rate was appropriated for the principal.
As above, the result of calculating the interest paid by the Defendant upon satisfaction of the obligation is as follows:
(B) At the rate of 21,20,000 20,2015-25,2015-25 200,3333,973,972 2015-33, 2075-207, 2075-207, 2075-47, 208-207, 2075-207, 208-47, 207, 208-47, 207, 205, 207, 208-47, 207, 207, 205, 207, 205-47, 207, 207, 205-47, 207, 97, 205-207, 205, 207, 207, 205-197, 2015-5