1. The defendant's payment order for the plaintiff is based on the original copy of the payment order, such as the loan, etc. for the Busan District Court Branch 2007 tea 4059.

1. Basic facts

A. The Defendant filed an application with the Plaintiff for the instant payment order stating that “4 million won and the amount calculated by the rate of 60% per annum from May 29, 2007 to the date of full payment.” The said payment order was finalized on June 28, 2007.

(Resan District Court's East Branch of the District Court 2007j4059). (b)

The defendant registered his credit business on August 22, 2005, but closed his business on November 5, 2007.

[Ground of recognition] Evidence No. 1, No. 3, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The principal borrowed from the Defendant is not KRW 4 million but KRW 1 million.2) The Defendant is not a registered credit service provider, and thus is not a registered credit service provider, and thus, cannot claim interest or delay damages calculated by the highest interest rate under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. Determination 1) According to the evidence Nos. 1 and 2 as to the assertion that the leased principal is one million won, the plaintiff's assertion on May 28, 2007 is not acceptable since the plaintiff borrowed 4 million won from the defendant at an interest rate of 66% on May 28, 2007 and there is no other evidence to reverse it. The plaintiff's assertion on this part is not acceptable. 2) The fact that the defendant registered a credit business on August 22, 2005, but closed the business on November 5, 2007 is not subject to the highest interest rate provided in the Act on the Registration of Credit Business and the Protection of Finance Users (or the Act on the Registration of Credit Business, etc. and Protection of Finance Users) after the closure of the business, and it is reasonable to view that the highest interest rate provided in the Interest Limitation Act is limited.

On the other hand, the highest interest rate under the Interest Limitation Act around November 6, 2007, which was 30% after the closure of the business by the defendant.

3. Therefore, the Plaintiff’s debt based on the instant payment order against the Defendant is calculated at the rate of 4 million won and 66% per annum from May 29, 2007 to November 5, 2007, and 30% per annum from the next day to the day of full payment.