1. The Defendant shall pay to the Plaintiff KRW 270,110,459 and the interest rate of KRW 5% per annum from September 1, 2018 to the day of complete payment.

Facts of recognition

The following facts are acknowledged according to the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

The defendant is a person who engages in credit business without making registration of credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

From January 16, 2012 to December 2016, the Plaintiff borrowed money from the Defendant several times. During the above period, each of the highest interest rates under Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act are as follows.

The defendant was indicted for violating the Registration of Credit Business Act, the Act on the Protection of Finance Users, the Act on the Fair Collection of Claims, on the ground that the defendant was sentenced to one year in imprisonment with prison labor against the defendant, and the court of the second instance sentenced the defendant to be acquitted for some of the facts charged that the court of the second instance caused intimidation, fear or apprehension to the plaintiff in the course of debt collection, and sentenced the defendant to be acquitted for the period of the second instance on July 15, 2014 through July 7, 2018, on the ground that the defendant received interest exceeding the highest interest rate under the Interest Limitation Act, without registering credit business, and caused intimidation, fear or apprehension to the plaintiff in the course of debt collection. The judgment became final and conclusive at that time.

Article 2(3) and (4) of the Daejeon District Court Act provides that “The part of the interest on a contract exceeds the maximum interest rate prescribed in paragraph (1) shall be null and void, and where the debtor has paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated to the principal and where the original is extinguished, the return may be claimed.”

On the other hand, a civil trial is a fact-finding in a criminal trial.