구상금 등
1. The Defendant’s KRW 138,580,978 as well as 5% per annum from November 1, 2013 to November 28, 2013 to the Plaintiff.
1. Facts of recognition;
A. Around July 3, 2009, the Defendant lent KRW 310,000,000 to the Plaintiff on the following terms, and written an investment agreement (Evidence A) thereon.
(1) The defendant lends 310,000,000 won to the plaintiff.
(2) The term of the loan shall be one year, and the amount to be repaid shall be five hundred million won.
(iii)if the funds are not repaid after the lapse of one year, the principal shall be determined and thereafter the interest shall be paid in part 1.5 of a month.
On February 15, 2012, 40,000,000 on March 7, 2012, 2012; 150,000,000,000 on March 7, 2012; 150,000,000 on September 4, 2012; 150,000,000 on September 4, 2012; 150,000,000 on October 15, 2012; 679,60,000 on the aggregate of 149,60,000,00 on November 5, 2012;
B. The Plaintiff repaid the principal and interest of the above loan to the Defendant as indicated in the table below.
C. On April 5, 2013, the head of the Chungcheong District Tax Office decided and notified the Plaintiff of KRW 101,640,000,000, the tax base of the interest paid by the Plaintiff to the Defendant (i.e., the total amount of KRW 679,60,000, the principal amount of KRW 310,000) and the additional tax of KRW 9,240,000, the total of KRW 101,640,000 due to the failure to pay withholding taxes, and the Chungcheong City Mayor decided and notified the Plaintiff of KRW 10,164,00,00, the local income tax of KRW 10,000 on May 8, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Article 2 (Maximum Interest Rates) (1) of the former Interest Limitation Act (amended by Act No. 8322 of March 29, 2007) (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 40 percent per annum;
(3) A contractual interest exceeding the maximum interest rate prescribed in paragraph (1) shall be null and void.
The maximum interest rate under Article 2 (1) of the Interest Limitation Act (amended by Presidential Decree No. 20118, Jun. 28, 2007) on the maximum interest rate under Article 2 (1) of the Interest Limitation Act shall be 30 percent per annum.
Interest is interest under Article 2 of the Interest Limitation Act (wholly amended by Act No. 10925, Jul. 25, 201).