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1. As to the Plaintiff, Defendant B’s KRW 58,155,920 and KRW 32,00,000 among them, the period from January 1, 2017 to the date of full payment.
Reasons
1. Fact-finding;
A. From July 23, 2012 to November 4, 2014, the Plaintiff agreed to lend to Defendant B a total of KRW 60 million at 30% per annum on seven occasions as follows.
(hereinafter “instant loan”). ① (1) KRW 5 million on July 23, 2012, ② KRW 14,000 on September 14, 2012, ③ KRW 5 million on January 25, 2013, ④ KRW 11,2 million on July 11, 2014, ⑤ KRW 3 million on July 17, 2014, ② KRW 500,000 on September 5, 2014, and KRW 70 million on November 4, 2014.
B. Until December 2016, Defendant B paid to the Plaintiff interest equivalent to 30% per annum on the instant loan, but did not pay interest after January 1, 2017.
With respect to the interest paid by Defendant B by December 31, 2016, as of July 15, 2014, the date of entry into force of the provision on the maximum interest rate under Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017); 30% per annum, which is the agreed interest rate; with respect to loans thereafter (the total amount shall be KRW 28 million), the interest calculated at the rate of 25% per annum, which is the highest interest rate under the said Enforcement Decree; and if the remaining amount is appropriated for the principal, the remaining amount has been appropriated for the principal at the rate of 58,15,920 won as of December 31, 2016 (the total amount of loans shall be KRW 300,000,000 and KRW 200,000,000 after July 14, 2014);
C. On November 30, 201, Defendant B, the wife of the Defendant B, registered the business in the name of “F” in the name of “F” and closed down business on August 22, 2014. From August 1, 2014, Defendant B (hereinafter “instant business”). Defendant B had registered the business in the name of “H” in the name of “H” and operated the general restaurant business (hereinafter “instant business”).
However, on April 1, 2017, Defendant C, the mother of Defendant B, registered the business for the food restaurant business with the trade name named “H” (hereinafter “instant business registration”). The Defendants were the same prior to and after the instant business registration.