대여금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in the entries in the evidence Nos. 1 and 2, where there is no dispute between the parties, or where there is no evidence to acknowledge that the above documents were made by deception of the plaintiff, although the defendant alleged that it was made by deception of the plaintiff) and the evidence No. 1 and No. 2:
The Plaintiff remitted to the Defendant the sum of KRW 50,000,000 on January 21, 2008 and January 25, 2008 with the funds, etc. for establishing the Republic of Korea incorporated the French Oral beverage. As the establishment of the said legal entity was delayed, the Defendant agreed to pay to the Plaintiff the interest calculated at the rate of KRW 4% per month (monthly 2,000,000) for KRW 50,000 from March 208 to January 2008.
B. From March 2, 2008 to January 31, 2010, F Co., Ltd. operated by the Defendant (hereinafter “F”) remitted to the Plaintiff KRW 39,960,000 in total as interest and delay damages on KRW 50,00 that the Defendant received from the Plaintiff over several occasions.
C. On February 10, 2010, the Defendant confirmed that the principal that was not paid to the Plaintiff at the time was KRW 50,000,000, and the interest for delay was KRW 9,850,000, and prepared a letter of statement (Evidence (Evidence (A) to pay the sum of KRW 5,000,000 for principal and interest for delay, and KRW 5,500,000 for interest for delay, from March 18, 2010 to pay the said principal and interest for delay, from March 18, 2010, and KRW 5,50,000 for interest for delay.
(hereinafter referred to as the “Agreement of this case”). 2. Claims and determination are made on the part of the Plaintiff and the Defendant.
A. According to Articles 2(1), 2(3), and 2(4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter the same) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under a contract for monetary lending is 30% per annum, and the portion exceeding the maximum interest rate is null and void, and the obligor’s arbitrary interest exceeding the maximum interest rate.