1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On June 9, 2009, the network E agreed to lend KRW 130,000 to the Defendant and to be paid the interest thereon KRW 6,50,000 per month.

B. By November 8, 2009, the Defendant: (a) paid 5 times interest; (b) failed to pay interest; and (c) drafted a written statement of payment with the purport of repaying the principal by June 17, 2010, when the network E demands return of the principal.

C. However, the Defendant failed to pay the above money by the agreed payment date, and thereafter, prepared a note of payment, a certificate of money borrowed, etc. several times thereafter, but failed to pay the money to the Deceased until March 31, 2014, which is the date of payment in the final letter of payment.

On April 20, 2014, the network E died in a serious border around April 2014.

Plaintiff

A’s wife, Plaintiff B, and C are the deceased’s offspring’s children.

(3) Inheritance ratio: 2:2. [Reasons for Recognition] A] Fact that there is no dispute, entry of Gap evidence 1 through 9, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, the defendant, as the inheritor of the deceased, is obligated to pay 130 million won of the borrowed principal and damages for delay to the plaintiffs, who are the inheritor of the deceased, according to their respective inheritance rates.

B. On the other hand, the defendant asserts to the effect that the interest amount of KRW 6.5 million per month originally agreed upon for KRW 1.3 million per annum is 5% per annum, which exceeds the highest interest rate under the Interest Limitation Act, and that the interest agreement itself is null and void, and all the interest amount paid at king should be appropriated for the principal.

According to the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the deceased’s maximum interest rate at the time of lending money to the Plaintiff is 30% per annum. Accordingly, the part exceeding 30% per annum is in excess of the above Act.