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1. The Defendant shall pay to the Plaintiff KRW 52,04,049 as well as KRW 43,562,50 among them, from April 22, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On March 31, 2014, the Plaintiff and the Defendant entered into a monetary loan agreement for consumption (hereinafter “instant loan agreement”) with the Defendant at an interest rate of KRW 50,000,000 per annum and at a maturity of 30% on July 31, 2014.
B. On March 31, 2014, the Plaintiff issued to the Defendant the remainder of KRW 42,50,000,000, after deducting the total of KRW 7,500,000 from the above KRW 50,000,000 for four months, and the commission amount of KRW 2,50,000,00.
【Ground of recognition】 The fact that there has been no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. The parties' assertion and judgment
A. The plaintiff's assertion (1) The amount actually received by the defendant under the loan agreement of this case by the plaintiff is KRW 42,500,000.
In accordance with Articles 3 and 4 of the Interest Limitation Act (amended by Act No. 10925), the remainder of KRW 6,437,500 ( KRW 7,500,000) calculated by deducting KRW 42,50,000 ( KRW 42,500,000 x 30%) under the highest interest rate under the Interest Limitation Act, which is the principal of the loan, the Defendant actually received at KRW 7,50,00,00,000, which was in force at the time, shall be appropriated for KRW 50,00,00,00,000, which is the principal claim under the loan agreement of this case.
Therefore, the Defendant is obligated to pay to the Plaintiff the borrowed principal of KRW 43,562,50 (=50,000,000-6,437,500) in accordance with the loan for consumption contract of this case and interest (damage for delay) accrued from April 30, 2014.
However, the Defendant paid KRW 28,100,000 in total as interest or delay damages between August 18, 2014 and July 15, 2016.
Ultimately, the Defendant paid the Plaintiff KRW 28,100,000, out of the interest or delay damages up to June 2018, 2018, which is the sum of KRW 53,125,000,000, not later than the loan principal, and the Defendant paid the Plaintiff KRW 68,587,50 (the interest accrued at KRW 43,562,50,000 on the borrowed principal amount) and KRW 25,025,00 (the delay damages) (=53).