Therefore, the defendant is obligated to pay to the plaintiff the above 40 million won with 36% interest rate per annum from January 10, 2014 to the delivery date of the original copy of the payment order, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 2, and 3 and the overall purport of the pleadings, the Plaintiff may recognize the fact that the Plaintiff loaned KRW 40 million to the Defendant on May 10, 2013 by setting the annual interest rate of KRW 36%. However, the Plaintiff voluntarily recognized that the Plaintiff was paid interest, such as the statement in the amount of repayment in the separate sheet, from May 10, 2013 to April 12, 2016.

The provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act, which was in force at the time of the above loan, provides that the maximum interest rate under Article 2(1) of the Interest Limitation Act shall be 30% per annum, and the interest paid in excess of the above maximum interest rate shall be null and void. In this case, where the interest is deducted as above, whether the amount exceeds the maximum interest rate under the above provision on the maximum interest rate shall be determined based on the interest under the limited interest rate for the period from the date of the loan to the due date, excluding the amount actually received by the debtor, based on the amount in advance and the amount deducted. If the amount exceeds the result of such determination, the excess amount shall be the leased principal that should be appropriated to the leased principal prior to the deduction between the parties and the debtor have to be repaid at the due date (Supreme Court Decision 2014Da24785 Decided November 13, 2014).