대여금
1.On a request for change in exchange at the trial, the judgment of the first instance shall be changed as follows:
The defendant.
1. Claim for the acquisition of bonds;
A. The fact that C (the Plaintiff’s birth) loaned a total of KRW 16,00,000,000 as stated in the loan column in the attached monetary transaction sheet to the Defendant (the Plaintiff’s dong book) at an interest rate of 48% per annum on a total of four occasions from February 7, 2014 to February 4, 2015 does not conflict between the parties.
B. According to Article 2 of the Interest Limitation Act, the portion exceeding the maximum interest rate under the Interest Limitation Act among the agreed interest rates under a contract for lending and borrowing of money is null and void (see Articles 1, 2, and 3). The amount equivalent to the interest paid in excess where a debtor voluntarily pays the interest exceeding the maximum interest rate is appropriated for the principal (see Article 2(4)). The maximum interest rate under a contract for lending and lending of money under Article 2(1) of the Interest Limitation Act is ① 30% per annum from October 26, 201 to July 14, 2014 (Amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (Amended by Presidential Decree No. 2537, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (Amended by Presidential Decree No. 25376, Jul. 21, 2015>
The fact that the Defendant paid the above monetary amount to C as the repayment of the principal and interest of the loan is without dispute between the parties, and there is no dispute between the parties that each of the above monetary amount will be appropriated for the principal, not for the interest, even though the maximum interest rate from February 28, 2014 to July 14, 2014 is 30%, the maximum interest rate is 25% per annum from February 28, 2014.