[대여금][공1981.12.15.(670),14484]
The principal of the loan where the interest exceeding the interest rate under the Interest Limitation Act is deducted and lent;
If the Plaintiff delivered KRW 960,00,000 to the Defendant with interest rate of KRW 1,000 per month and the period of two months, and the interest rate of KRW 40,000 calculated by deducting KRW 40,00 in advance interest rate of one month, which is the maximum interest rate of 20,000 per annum as stipulated in the Interest Limitation Act at the time, shall be deemed to have been established a loan agreement for consumption only for the remainder after deducting it from the leased principal. Thus, in the above case, the loan principal is KRW 980,00 ( KRW 960,00 + KRW 960,000 + KRW 00000 + 0.25 X1/12).
Article 2 of the Interest Limitation Act
Plaintiff
Defendant
Seoul Civil District Court Decision 80Na116 delivered on October 8, 1980
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the Defendant’s grounds of appeal.
The judgment of the court below and the finding of facts are matters belonging to the exclusive jurisdiction of the judge of the court below. According to the reasoning of the judgment below, since it is reasonable to view that the plaintiff received from the defendant on November 10, 197 one copy of the unit price per the non-party's issuance of the non-party as a collateral and delivered 1,000,000 won per the unit price per the non-party as a collateral, and the court below decided to lend 2 months with interest, and 960,000 won after deducting 40,000 won from the interest rate per the one-month advance interest rate per the one-month interest rate, and it is not reasonable to view that the interest rate exceeding this limit rate is 25,000 won per annum per annum, and the court below's decision that the plaintiff has no obligation to pay 980,000 won per the loan principal of this case to the plaintiff or to pay 980,000 won per the above fact-finding or delay damages to the plaintiff.
Therefore, this appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Dra-ro (Presiding Justice)