대여금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
1. Facts of recognition;
A. On July 10, 2008, the Plaintiff leased 3.5 million UN to the Defendant on November 10, 2008 (hereinafter “instant loan for consumption”).
B. As to the parties to the loan for consumption of this case’s agreement, the Plaintiff agreed with the Defendant at 30% per annum, and stated that the agreement was 30% per annum in the interest column of No. 1, a public column, and the Defendant set the agreed interest at 120% per annum (10% per annum). The Defendant asserted that the agreement was supplemented by 30% without authority while filing the instant lawsuit in order to avoid the Interest Limitation Act.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings
2. In the judgment on the cause of a claim, if there is no interest agreement after the due date for a loan for consumption does not exist, it shall be deemed that the initial agreement was made to pay the interest even after the due date has expired, unless there is a special declaration of intention (see Supreme Court Decision 80Da2649, Sept. 8, 1981). Thus, according to the above recognition, the defendant is liable to pay the interest and delay damages to the plaintiff, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. Defendant’s assertion 1) The Defendant borrowed the instant loan from the Plaintiff to use for gambling money, and the Plaintiff also knew the same, and thus, the instant loan constitutes illegal consideration and thus, the Plaintiff cannot seek the return thereof to the Defendant. 2) The Plaintiff: (a) the Plaintiff set the building owned by the Defendant from a stock company, the largest shareholder of which, as 3.5 million UN, 250,000 UN, 50,000 UN, and 50,000 UN, decided to rent the instant loan for one year; and (b) decided to substitute for the payment of the lease deposit; and (c) the Plaintiff did not pay the rent and management fee for one year in arrears from the foregoing lease deposit (the instant loan) = 3.6 million UN x 12 months x 3 million.