대여금
1. The defendant shall pay to the plaintiff KRW 272,921,842 as well as KRW 250,00,000 from July 8, 2005 to June 29, 2007.
1. The plaintiff, on July 7, 2005, lent 350,000,000 won to the defendant on July 7, 2005, with the due date for payment fixed on July 27, 2005, and 36% per annum for interest.
The defendant repaid 100,000,000 won on February 23, 2006, and the plaintiff appropriated this part of the principal among the claims stated in the above paragraph (a).
On August 2006, the Plaintiff requested a payment order against the Defendant to pay KRW 272,783,562 of the balance of the principal and interest of the loan, and the payment order was issued as Seoul Eastern District Court 2006j11521 of the same month, and the payment order was required to pay KRW 138,280 of the required expenses for the demand procedure.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Article 2 (Maximum Interest Rate) (1) of the former Interest Limitation Act (amended by Act No. 8322, Mar. 29, 2007; hereinafter the same shall apply) (1) The maximum interest rate under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 40 percent per annum;
(2) The highest interest rate under paragraph (1) means the interest rate agreed upon.
(3) A contractual interest exceeding the maximum interest rate prescribed in paragraph (1) shall be null and void.
This Act shall enter into force on the date three months have elapsed since its promulgation.
(2) The interest rate under this Act shall be calculated as to the interest rates on contractual loans entered into prior to the enforcement of this Act after the enforcement date of this Act.
The maximum interest rate under Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 20118, Jun. 28, 2007) shall be 30 percent per annum on the contractual interest rate under Article 2 (1) of the former Interest Limitation Act.
3. According to the facts acknowledged as above, the defendant borrowed money from the plaintiff on February 23, 2006 to the plaintiff, and 272,921,842 won, the sum of the remainder borrowed from the plaintiff on August 23, 2006, and the expenses for demand procedure required on August 2006, and 250,000 won, which are the principal of the borrowed money, after the date of borrowing the above money from the plaintiff. < Amended by Presidential Decree No. 18960, Jul. 8, 2005>