영업정지처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Defendant’s Intervenor, and the remainder are assessed against the Defendant.
The grounds of appeal by the Defendant and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) are also examined.
1. Article 8(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 12156, Jan. 1, 2014; hereinafter “Credit Business Act”) provides that “Where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum.”
Accordingly, Article 5(2) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Enforcement Decree”) provides for the maximum interest rate. The Enforcement Decree amended by Presidential Decree No. 22298 on July 21, 2010 provides that the maximum interest rate shall be from 49% per annum to 44% per annum, and the Enforcement Decree amended by Presidential Decree No. 22991 on June 27, 201 shall reduce the maximum interest rate from 44% per annum to 39% per annum (hereinafter “amended Enforcement Decree”), and Article 2 of the Addenda of the amended Enforcement Decree provides that the amended Enforcement Decree shall apply to each of the above amended Enforcement Decree from the loan agreements concluded or renewed after the enforcement of the amended Enforcement Decree.
2. In full view of the adopted evidence, the lower court: (a) deemed that the Intervenor received the interest of KRW 206,705,990 by continuously receiving money based on the previous interest rate without repreparation of the contract (hereinafter “instant loan agreement”) among the loan agreements, the maturity between July 21, 2010 and September 9, 201, when the Intervenor inspected the Plaintiff’s observance of the highest interest rate and the adequacy of the application of the interest rate to the users of the loan agreement with respect to the Plaintiff from September 5, 2011 to September 23, 2011; and (b) applied KRW 49% per annum, the previous interest rate of KRW 206,705,90, which is not the highest interest rate lowered pursuant to the amended Enforcement Decree, to the extent that it was found to have violated Article 8 of the Credit Business Act.