채무부존재확인
1. Certificates drawn up on August 20, 2015 by a notary public against the defendant of the plaintiff (appointed party) and the appointed party C.
1. Determination on the cause of the claim
A. On August 20, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Defendant drafted a notarial deed of monetary loan agreement with the Plaintiff (hereinafter “notarial deed of this case”) with the content that the Plaintiff would borrow KRW 30 million from the Defendant at the interest rate of 25% per annum, due date of payment, March 17, 2016, and due date of payment at 25% per annum, and due date of payment at the interest rate of 25% per annum, and that C (hereinafter “notarial deed of this case”) have jointly and severally guaranteed the Plaintiff’s debt owed to the Defendant; on August 20, 2015, the Defendant lent KRW 29.1 million to the Plaintiff on September 21, 2015, and the Plaintiff and C did not have any dispute over each of the parties’ respective debt repayment statements from September 21, 2015 to January 30, 2015, or each of the parties’ respective debt repayment statements paid to the Defendant.
B. As to this, the defendant asserts to the effect that at the time of the preparation of the notarial deed of this case, the plaintiff promised to pay 3% interest per month to the defendant, and accordingly, he shall continue to pay the interest of 3% per month.
However, there is no evidence that the Plaintiff promised to pay interest at 3% per month, as well as under Article 2 of the Interest Limitation Act and Article 2 of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), Article 2 of the Addenda of the current Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) concerning the highest interest rate under Article 2 (1) of the current Interest Limitation Act (amended by Presidential Decree No. 28413, Feb. 8, 2018), the current provision provides that the current provision shall apply to this case in which a monetary loan contract was concluded before the enforcement of the current provision.
According to this, the maximum interest rate under the contract for lending and borrowing of money is 25% per annum, and the contractual interest is above.