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1. Defendant B’s KRW 63,434,820 as well as 30% per annum from May 1, 2013 to July 13, 2014, respectively, to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 7 and evidence Nos. 13-15 as to the claim against defendant B, the plaintiff may recognize the fact that the plaintiff lent a total of KRW 67,650,000 to defendant B from January 25, 201 to November 3, 2011, as shown in attached Table 1.
According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff a loan of KRW 67,650,000 and interest or delay damages thereon.
The fact that Defendant B paid the Plaintiff KRW 40,900,000 in total from January 25, 201 to May 12, 2014, such as attached Table 2 and appropriation statement, does not conflict between the parties.
Meanwhile, according to Article 2(1), (3), and (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter “former Act”) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter “former Act”), the maximum interest rate under a contract for lending and borrowing money is 30% per annum, and the above maximum interest rate is null and void. If the obligor arbitrarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the interest paid shall be appropriated for the principal. If the obligor deducts the advance interest from the principal and the amount actually received exceeds the amount calculated according to the above maximum interest rate, the excess amount shall be deemed appropriated for the principal, and if the obligor appropriated the loan to the principal based on the loan’s interest rate as stated in the attached Table 201Da53776, Mar. 14, 2012; see Supreme Court Decision 20032Da41484.
Thus, Defendant B’s 63,434,820 won and its related amount from May 1, 2013 to July 13, 2014, as sought by the Plaintiff, shall be within the scope of the agreed interest rate under the former Act.