Whether the agreement on the payment of non-smoking interest is valid for 30 years ago.

In light of the fact that the so-called "mutual credit and credit installments" is a transaction for the purpose of promoting the financial convenience of the ordinary people, the payment of the so-called 30-day penalty in installments shall be made at an unfair high rate exceeding 9 percent per annum, and thus, the amount equivalent to the amount equivalent to the 30-day penalty shall be reduced according to Article 4 (Agreement prior to the Enforcement of the Mutual Savings and Finance Company Act) of the Interest Limitation Act.

[Defendant-Appellant] Korea Mutual Savings and Finance Corporation, Counsel for defendant-appellant

Park Jong-chul

Daegu High Court Decision 74Na95 delivered on November 6, 1974

The judgment below is reversed, and the case is remanded to the Daegu High Court.

We examine the grounds of appeal.

The judgment of the court below held that when the non-party to the judgment below subscribed to the plaintiff's poor management and received the payment from the plaintiff, the defendant jointly and severally guaranteed each payment obligation of the non-party to the above non-party after receiving the payment from the payment of the payment from the plaintiff, and the non-party to the above non-party agreed to pay the payment from the payment of the payment after receiving the payment from the payment from the payment of the payment from the payment of the payment from the payment to 908,90 won in total, and the non-party to the above non-party agreed to pay the payment from the payment from the payment of the payment from the payment of the payment from the payment to the 30th day before the payment from the payment of the payment from the payment of the payment from the payment to the non-party, and that the plaintiff's execution of the right to collateral security established by the defendant on September 27, 1973 and received the payment from the non-party to the above 1,553,000 won in total with the payment of the remaining penalty and the payment.

However, in light of the fact that the so-called "mutual credit and credit installment savings" is a transaction for the purpose of promoting the financial convenience of the ordinary people, it shall not be at an unfair high rate exceeding 9% per annum for the 30-day penalty on the installment savings, and therefore, it shall not be at an unreasonable high rate exceeding 10% per annum for the 30-day penalty on the installment savings, and even though the above decision of the court below is erroneous in the misapprehension of the legal principles of Article 4 of the Interest Limitation Act.

Therefore, the judgment of the court below shall be reversed for the reasons for this issue, and it is so decided as per Disposition with the assent of all participating judges.

Justices Kim Young-chul (Presiding Justice)