대여금
The Defendants shall jointly and severally pay to the Plaintiff KRW 38,025,00 and the interest rate from November 17, 2016 to the day of full payment.
According to each of the statements and arguments in Gap's evidence Nos. 1 through 3, 9, and Eul evidence No. 2, there is no dispute over the determination of the cause of the claim, or according to the purport of the whole arguments and arguments, the plaintiff paid 38,800,000 won, subtracting 1,200,000 won as interest rate for one month, and 38,800,000 won as interest rate for five times including the prior interest rate, on May 17, 2016 as of November 16, 2016 (hereinafter "the loan of this case").
According to the above facts of recognition as to the claim against Defendant B, the Defendant is obligated to pay the Plaintiff the balance of the borrowed money within the limit of the Interest Limitation Act.
However, whether the interest exceeds the interest rate when the prior interest was deducted, excluding the amount of prior interest deduction, shall be determined based on the interest rate for the period from the date of loan to the date of maturity based on the amount actually received by the debtor, and whether the amount of prior interest deduction (including the interest paid by the debtor until the due date, if any) exceeds the amount. If the result of such determination exceeds the portion, the excess amount shall be the leased principal that the debtor has to pay after being appropriated to the leased principal before the due date (see Supreme Court Decision 2014Da24785, Nov. 13, 2014). In this case, the judgment is related to the loan of a credit service provider, but this legal principle is as follows if the debt balance is calculated in accordance with the foregoing legal principle.
Interest to which the highest interest rate under the Interest Limitation Act has been applied until November 16, 2016, based on the actual amount of KRW 38,800,000 which was paid until the due date: 38,800,000 x (25% per annum of the maximum interest rate x 6 months/12 months/4,850,00: Interest paid in excess of the amount deducted: 6,00,000 (1,20,000 x 5 x 1,200,000) - above 1 x 1,150,000 won.