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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
According to the purport of Gap evidence Nos. 1 through 3, the plaintiff lent 3,00,000 won to the defendant on April 25, 2013 as interest rate of 3% and the due date of payment on July 25, 2013, and C has jointly and severally guaranteed the defendant's obligation of borrowing money. Upon the defendant's request, the plaintiff sent money directly to the account in the name of his/her father, and the above 3,000,000 won to the above 3,00,000 won as loans (the loans 2,00,000,000 won as of July 25, 2012) less 480,520,000 won (the remaining loans 3,00,000,000 won).
In light of the purport of Articles 2 and 4 of the Interest Limitation Act, the Plaintiff sought a payment of loan 3,00,000 won and damages for delay thereof to the Defendant. However, 480,000 won, which the Plaintiff actually received from the Defendant, constitutes a prior interest and deemed interest under the Interest Limitation Act. In the event a prior interest and deemed interest have been deducted at the time of lending money, if the amount of deduction exceeds the amount calculated according to the maximum interest rate of 30% per annum under Article 2(1) of the Interest Limitation Act with the amount actually received by the obligor as the principal, the excess amount shall be deemed as being appropriated for the original (see Supreme Court Decision 2012Da5198, Oct. 11, 202). Thus, from among 480,000,000 won, 2,520,000 won, 300,000 won and 300,000 won per annum of interest rate of 30% per annum under the Interest Limitation Act 】 300,30000,2000.
Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff 2,709,000 won in balance of the leased principal (3,000,000-291,000 won) and damages for delay calculated by the rate of 30% per annum within the limit of 30% per annum, which is the limit under the Interest Limitation Act, from August 25, 2013 to the date of full payment.
If so, the plaintiff.