beta
Text
1. The defendant shall pay to the plaintiff KRW 53,913,068 and KRW 43,631,140 among them from March 26, 2020 to the day of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);
3. Part 3 of the dismissal
A. The Plaintiff, at the time of entering into each of the instant monetary loan agreements, sought reimbursement of the agreed interest rate and damages for delay based on the premise that the highest interest rate stipulated in the Interest Limitation Act is 27.9% per annum at the time of entering into each of the instant monetary loan agreements.
However, as long as the Plaintiff is not a credit service provider whose credit business was registered, the maximum interest rate under Article 2 (1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) shall apply to each of the instant monetary loan agreements between July 15, 2014 and February 7, 2018.
Therefore, the plaintiff's assertion seeking appropriation of debt and delay damages by the rate of 27.9% per annum exceeding 25% per annum is without merit only for the above excess portion.
B. The Defendant’s satisfaction of performance does not appear to have agreed upon or designated appropriation at the time of the Defendant’s satisfaction of performance. As such, the amount paid is appropriated for the principal of the loan, interest, or delay damages (calculated at the rate of 25% per annum) as indicated in the order of satisfaction of performance according to the following order of satisfaction of performance. As of April 15, 2019, the principal of the loan equivalent to KRW 43,631,140 remain as of April 15, 2019, and the remainder of the loan as of March 25, 2020 is the total amount of KRW 53,913,068 (= Principal amount of KRW 43,631,140).
1. 1,50,000 30,000,000 30,000,000,000,300,000,000,000,001,273,9726 948,979 51,0210,000,000 30,000 324,993 18,70508,006 030,6030,00630,006,000,000,000 630,000,000,000,000 30,000,000, 636,000,000,000, 63636, 986, 986, 8414, 86, 80,508,300,304