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1. The defendant shall pay to the plaintiff KRW 65,763,001 as well as KRW 20,00,000 among them, from May 1, 201 to the date of full payment.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the statements in Gap evidence 1 and 2-1 and 2-2, and the testimony of the witness C as a whole, the whole purport of the pleadings:
The amount of interest granted on the lending date (won) actually paid on November 30, 2012, 201; 20,000,000,000 on June 30, 2013; 3% on June 30, 2012, 200,000 on June 30, 2013; 20,000,0000,000 on June 30, 2013; 3% on June 30, 2013; 20,000,000,000 on June 30, 2013; 20,000,000,000 on June 30, 2013 (3% on June 30, 2013).
A. The Plaintiff leased KRW 60,000 to the Defendant as follows, and received all interest or delay damages at the agreed rate from the Defendant until April 30, 2014.
B. Meanwhile, the Plaintiff, as an insurance solicitor, paid the total of KRW 25,020,000 for the total of 25,020,000 monthly insurance premium that the Defendant subscribed, and appropriated the total of KRW 13,094,255 for the payment of the said insurance premium.
2. Determination
A. According to the facts related to the loan claim No. 1, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the agreement rate of 20 million won and 24% per annum from May 1, 2014 to the date following the date of full payment of the final interest payment. 2) No. 2, 3) Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same shall apply) on the interest limit (a).
(3) Articles 2(1) through (3) and 3 of this Act, and Article 2(1) of the Interest Limitation Act concerning the maximum interest rate (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter the same shall apply)
According to this, the portion of contractual interest exceeding the maximum interest rate of 30% per annum is null and void. If interest exceeding the maximum interest rate is paid at will, the amount equivalent to the interest paid in excess shall be appropriated for the original, and if the amount of deduction exceeds the amount calculated according to the above maximum interest rate with the amount actually received by the debtor as the original.