A. From October 12, 2013 to December 8, 2015, the Plaintiff borrowed money from the Defendant as stated in the attached Table “rent” column from the Defendant, and repaid the money as stated in the same column.

B. On March 16, 2016, the Defendant brought a IMF truck owned by the Plaintiff, which was parked in the D located in the Southern-gu Seoul metropolitan area, to bring the IMF truck.

당시 엠뱅크 차량운반트럭에는 원고가 1,768,530원(= 낙찰대금 1,670,000원 수수료 98,530원)에 매수한 F 코란도 스포츠자동차가 실려 있었는데, 피고는 위 코란도 자동차를 분해하여 밋숀, 엔진, 바퀴, 구동축, 앞뒤 리어엑셀, 쇼바, 카오디오 등 부품 또는 부속으로 사용이 가능한 것을을 모두 사용하고, 차량의 바디 부분만 원고에게 반환하였다.

C. On October 12, 2016, when the Defendant was indicted for larceny (Seoul District Court 2016No. 2271) and was under trial, the Defendant returned the Mbank Vehicle Transport Truck. D.

Although the Defendant cannot receive interest exceeding the maximum interest rate under the contract for lending and borrowing of money (30% per annum in the case of a contract concluded between October 26, 201 and July 14, 2014, and 25% per annum in the case of a contract concluded after July 15, 2014), the Defendant was indicted for the criminal facts that the Plaintiff received interest based on the interest rate exceeding the maximum interest rate above the above maximum interest rate, and is in the proceeding of larceny as described in the above paragraph (c).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 4, Eul evidence 1, Gap evidence 6-1 to 5, Gap evidence 6-5, the purport of the whole pleadings

2. Determination on the main claim

A. (1) Determination of the cause of the claim is limited to the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter “Interest Limitation Act”).

According to the provision on the maximum interest rate under Article 2(1), (3), (4), and (3) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for monetary lending is 30% per annum.