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1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 25% per annum from July 17, 2014 to the day of complete payment.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff loaned the amount of KRW 25 million to the defendant on March 5, 2010 to the defendant on August 5, 2010, the rate of KRW 4.08% per the overdue interest rate, and the overdue interest rate of KRW 25 million on October 13, 2010 to the defendant on December 13, 2010; the rate of KRW 4% per month; the overdue interest rate of KRW 4% per the overdue interest rate; the plaintiff received KRW 50 million from July 16, 2014; and the plaintiff can not recognize the fact that the credit business (mutual name: the credit service provider) was registered from around 207.
According to the above facts, it is clear that the amount of interest and delay damages paid from each of the above loans to July 16, 2014, based on the annual interest rate of 30%, the highest interest rate under the Interest Limitation Act at the time of the above loans, or 49% per annum, the highest interest rate under Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, exceeds 50 million won.
The Plaintiff asserts that the remainder of the interest or delay damages from July 16, 2014, which is not appropriated as the dividend, is renounced. Thus, the Defendant is obliged to pay the Plaintiff the principal amount of KRW 50 million and the delay damages, barring any special circumstance.
2. The defendant's defenses is defense that the above loan debt was fully repaid, but there is no evidence to acknowledge it. Thus, the defendant's defenses are without merit.
3. Therefore, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 50 million and the damages for delay calculated at the rate of 25% per annum with the Plaintiff within the agreed rate from July 17, 2014 to the date of full payment, which is the day following the day when the principal was paid to the Plaintiff.
The plaintiff's claim of this case is justified and accepted.