대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 57,200,000 and the interest rate thereon from October 6, 2018 to the date of full payment.
1. Comprehensively taking account of the evidence evidence Nos. 1 and 2 as well as the purport of the entire pleadings, the Plaintiff agreed to lend the interest amounting to KRW 60,00,000 to Defendant B Co., Ltd. from August 5, 2018 to October 5, 2018; and the interest amounting to KRW 5,00,000 from August 6, 2018 to October 6, 2018; and the interest interest accrued from October 6, 2018 to October 6, 2018 to KRW 10% per month (hereinafter referred to as “instant loan”); the Plaintiff paid the Defendant Co., Ltd. a loan after deducting KRW 5,00,000,000 from August 6, 2018 to October 5, 2018; and the Defendant Co-Defendant C’s debt and joint and several surety.
2. The interest rate under the Act on the Limitation of Interest on Loan of Money is 24% per annum. The portion exceeding the above maximum interest rate is null and void. If the obligor has voluntarily paid interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal. If the amount deducted in advance from the amount actually received by the obligor exceeds the amount calculated according to the above maximum interest rate, the portion in excess shall be deemed as being appropriated for the principal (see Supreme Court Decision 2012Da55198, Oct. 11, 2012). Accordingly, when the Plaintiff pays the instant loan to the Plaintiff, 5,000,000 won which was deducted in advance from the interest rate of 5,00,000 won, 2,200,000 won per annum interest rate of 24% per annum, which is the maximum interest rate of 20,000 won per annum under the Interest Limitation Act, 200,000 won per annum, 200,0000 won per annum.