대여금
1. Defendant (Counterclaim Plaintiff) B: (a) KRW 47,251,048 against the Plaintiff (Counterclaim Defendant) and its related amount from August 25, 2015 to July 14, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From October 6, 2008, the Plaintiff, as a credit service provider that registered a credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), operated the registered trade name as “D,” and changed the trade name into “E” around September 14, 201.
The validity of the Plaintiff’s registration of credit business is until September 14, 2014.
B. The Plaintiff, on July 31, 2007, lent the money by means of lending KRW 5 million to Defendant B on several occasions until January 12, 2012, including lending KRW 5 million to repay the principal and interest on a daily basis over 100 days and paying the remainder after deducting advance interest, commission, etc. The interest was 30% per annum as stipulated in Article 2(1) of the Interest Limitation Act (Presidential Decree No. 2018, Jun. 28, 2007; enacted on June 30, 2007; 30% per annum from October 6, 2008; 49% per annum from July 20, 2010 to 314% per annum from July 20, 2010; 14% per annum from July 21, 2010 to 30% per annum 414% per annum from June 21, 2014; and
C. Meanwhile, around December 27, 2011, the Plaintiff received a copy of the lease agreement under the name of Defendant C, the husband of Defendant B, for the purpose of securing his/her own loan claim from Defendant C, (the date of issuance shall be December 26, 201, and the certificate of personal seal impression (the date of issuance shall be December 26, 201, and the certificate of personal seal impression in Defendant C shall be issued) from Defendant C, the husband of Defendant B, and the loan agreement under the name of Defendant C shall be signed separately.
The defendant B is no longer responsible for the interest of the high rate.