부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 and 7, the defendant may recognize the fact that the defendant paid a total of KRW 98,670,000 to the plaintiff under the name of interest, such as the statement in the attached Table [Attachment] from June 25, 2014 to April 7, 2018, by setting the amount of KRW 98,670,000 as interest monthly (hereinafter "each of the loans of this case"). The plaintiff paid the defendant a total of KRW 12,30,000,000, as stated in the "amount paid" column for payment of the plaintiff in the attached Table [Attachment] from July 28, 2014 to December 15, 2017.
2. Article 2 (Maximum Interest Rates) (1) The maximum interest rates under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 30 percent per annum.
(2) The highest interest rate under paragraph (1) means the interest rate agreed upon.
(3) A contractual interest exceeding the maximum interest rate prescribed in paragraph (1) shall be null and void.
(4) Where a debtor voluntarily pays interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and where the principal is extinguished, he/she may request the return thereof.
(5) Paragraph (1) shall not apply to the interest on loans the principal of which is less than 10,000 won.
Article 3 (Prior Deduction of Interest) In cases where a prior deduction is made for interest, the excess shall be deemed appropriated for the original if the amount of deduction exceeds the amount calculated according to the highest interest rate under Article 2(1) with the amount actually received by the debtor as the original.
Article 2 (Maximum Interest Rate) (1) The maximum interest rate under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 25 percent per annum.
(2) The highest interest rate under paragraph (1) means the interest rate agreed upon.
(3) Part of contractual interest which exceeds the maximum interest rate prescribed in paragraph (1).