대여금
1. The Defendant shall pay to the Plaintiff KRW 46,787,802 as well as 24% per annum from August 3, 2018 to the day of complete payment.
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and the overall purport of the pleadings, the fact that the Plaintiff received a loan certificate stating “50 million won of the principal of the vehicle, 2% interest per month, 1,000,000 won by the 30th day of each month, and 24% interest per annum,” from the Defendant’s joint and several sureties on May 29, 2018, and paid 46,763,600 won remaining after deducting interest from interest, is recognized, and the Plaintiff received each one million won on June 2018 and August 2, 2018.
2. According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Act on the Restriction of Interest, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 24% per annum, and the portion exceeding the above maximum interest rate is null and void. If the obligor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the principal, and if the amount deducted in advance exceeds the amount calculated according to the above maximum interest rate by making the amount actually received by the obligor as the principal, the overpaid portion shall be deemed as being appropriated for the principal.
(See Supreme Court Decision 2012Da55198 Decided October 11, 2012 (see Supreme Court Decision 2012Da55198, Oct. 11, 2012). In light of the aforementioned legal principles, 3,236,40 won (i.e., 50 million won - 46,763,600 won) which C actually received as 46,763,60 won from the time of loan payment to the date of maturity of 24% (i.e., interest rate of 46,70,544 won (i., 46,763,600 x 2% x 22 months) is appropriated for interest, and more than 1,365,763,600 won (i.e., 46, 3063,405,500 won) is appropriated for the amount of interest calculated at the rate of 24% per annum from May 29, 2018.
On the other hand, as seen earlier, the interest shall be deducted from 3.0 interest.