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Reasons
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(영문) 전주지방법원 2019.04.05 2018가단16050
대여금
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The defendant shall pay to the plaintiff KRW 9,340,480 and KRW 4,500 among them, 15% per annum from June 21, 2018 to the date of full payment.

Reasons

Plaintiff’s assertion

The Plaintiff: (a) lent KRW 30,000,000 to the Defendant several times; (b) KRW 29,000,000 to the account; (c) paid KRW 1,00,000 in cash; and (d) the Defendant agreed that KRW 70,000,000, including the amount of KRW 40,000,000, was set up with a total of KRW 70,000,000, including the amount of KRW 40,000.

On January 7, 2015, the Plaintiff transferred KRW 20,000,000 to the Defendant’s name account (Evidence 2 No. 1, 10, and No. 2 No. 2) and transferred KRW 9,00,000 on January 16, 2015.

(A) Evidence 2 Nos. 11, 12, 200,00 won on January 1, 2015, the Defendant repaid KRW 24,50,000 on March 10, 2015, and KRW 23,000 on March 13, 2015, and KRW 30,000 on March 13, 2015.

(A) Evidence Nos. 3 and 2. The plaintiff alleged that he/she additionally lent KRW 1,00,000 to the defendant in cash, but there is no evidence to acknowledge it, and the defendant alleged that he/she paid KRW 17,00,000 as a check on February 26, 2015, but there is no evidence to acknowledge it.

Judgment

According to the above facts of recognition, the Plaintiff lent KRW 29,00,000 to the Defendant from January 7, 2015 to January 16, 2015.

In addition, the creditor's receipt of money in relation to lending and lending should be regarded as interest regardless of the name thereof.

(Article 4(1) of the Interest Limitation Act. Therefore, it is reasonable to view that the part exceeding KRW 29,00,000 of the above actual loan exceeds all the interest, regardless of its title, among the agreements under which the Defendant prepared a certificate of loan KRW 70,00,000 to the Plaintiff and to bear the obligation equivalent to the amount.

According to Article 2(1) and (3) of the Adjustment Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 17, 2017), the maximum interest rate under contract for lending and borrowing of money at the time of the instant lending is 25% per annum, and the excess is null and void.

2.3.

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