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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff borrowed KRW 1,362,00,00 from November 27, 2015 to June 16, 2017, as indicated in attached Form 1, as indicated in attached Table 2015, the sum of KRW 1,362,065,00,00 from the Defendant to June 16, 2017, and the total amount repaid by the Plaintiff is KRW 1,431,907,530, and the amount in excess of the principal amount is KRW 69,842,530 (i.e., total amount of redemption 1,431,907,907,530 - total amount of loans - total amount of KRW 1,362,065,00,000) 69,842,530 as indicated in attached Form 2, and thus, the Defendant is obligated to refund each of the above statutory interest rates to the Plaintiff.
B. The defendant's assertion did not lend money to the plaintiff and did not lend interest to the plaintiff.
Only after investing in money in a vehicle (import and high-class vehicle) lease project proposed by the friendly job offering Plaintiff, the profit accrued from the return of profit unilaterally determined by the Plaintiff is received and the principal is returned.
2. Determination as to the assertion of the party opinion
A. According to Article 2 of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money shall be determined by Presidential Decree within the scope not exceeding 25% per annum. A contractual interest shall be null and void, and where the obligor has voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess may be appropriated for the principal, and where the original is extinguished, the return may be demanded.
Therefore, the above provision of the Interest Limitation Act can only be applied to a monetary transaction between the Plaintiff and the Defendant as a monetary loan contract. Therefore, we examine whether the amount the Defendant paid to the Plaintiff is a loan.
(b) Determination Party A’s Evidence Nos. 4 through 6, 8, 13 through 16 (including above numbers) and Party A’s Evidence No. 17.