대여금
1. The Plaintiff:
A. Defendant B’s KRW 29,600,000 and interest rate of KRW 25% per annum from December 1, 2015 to the date of full payment.
1. The grounds for application for the indication of the claim are as shown in attached Form;
(2) Article 208(3)3 of the Civil Procedure Act (amended by Service by Public Notice) is based on Article 208(3)3 of the Civil Procedure Act.
3. Part concerning partial dismissal.
A. The Plaintiff seeks payment on the premise that the borrowed principal on the loan certificate issued on December 25, 2014 is KRW 20,000,000. According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate on cash lending contract is 25% per annum, and 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 interest paid in excess shall be appropriated for the principal, and if the amount deducted in advance and the amount deducted exceeds the amount calculated according to the above maximum interest rate with the obligor’s actual receipt as the principal, the excess amount shall be deemed appropriated for the original (see, e.g., Supreme Court Decision 2012Da5198, Oct. 11, 2012).
According to the health account statement and evidence Nos. 1 and 3 as to the instant case, the Plaintiff entered into an interest agreement with Defendant B on December 25, 2014 at the interest rate of 4% per month and paid only KRW 19,200,000 after deducting the advance interest of 80,000, among them. According to the prior interest income deduction under the Interest Limitation Act, the calculation amount is as follows, and the actual borrowed principal amount is KRW 19,60,00,000. The Plaintiff’s claim against the Defendants seeking payment in excess of this amount is dismissed.
1) Of interest 800,000 won in advance, the amount of appropriation to the principal of the borrowed principal: 400,000 won in advance, which is calculated by 25% per annum under the Interest Limitation Act on the Interest Limitation on Amounting to 19,20,000 won above (=19,200,000 won x 25% x 1/12) and 400,000 won in advance, which exceeds the highest interest rate under the Interest Limitation Act on the Interest Limitation on Amounting to 19,20,000 won (=8,000 won - 40,000 won) and 2) the borrowed principal 19,60,000,000 won = 20,000,000 won in advance, above.