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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Determination as to the cause of claim
A. On March 17, 2016, the Plaintiff agreed with Defendant B to lend KRW 1 billion to Defendant B, but receive KRW 1.3 billion plus KRW 300 million on March 17, 2017, which was one year after Defendant B. In such case, Defendant C guaranteed Defendant B’s obligation. 2) On March 17, 2016, the Plaintiff paid KRW 1 billion to Defendant B.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. According to the above facts of recognition, the Plaintiff’s KRW 300 million out of the KRW 1.3 billion paid by the Defendants until March 17, 2017 constitutes a year interest for the principal amount of KRW 1 billion.
ex officio, since the provisions of the Health-Related Interest Limitation Act concerning the interest agreement on the above loan are mandatory provisions, the issue of such violation can be determined ex officio.
(2) Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; Presidential Decree No. 28413, Oct. 23, 2008; Supreme Court Decisions 2008Da37742, Mar. 25, 2010; 2009Da103738, Mar. 25, 2010; etc.) apply to the maximum interest rate of Article 2(1) of the former Interest Limitation Act as of March 17, 2016; and the maximum interest rate of Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) is limited to 25% per annum. Accordingly, the excess portion becomes null and void pursuant to Article 2(3) of the Interest Limitation Act.
Therefore, on March 17, 2017, the amount to be paid by the Defendants to the Plaintiff by March 17, 2017, is KRW 1,250,000,000,000. Since the Plaintiff is the Plaintiff who acquired ownership of Defendant B’s shares out of the land E and 11 real estate during the Plaintiff, and deducted KRW 300,000,000,000,000,000,000,000,000 won. Thus, barring any special circumstance, the Defendants jointly and severally agreed to the Plaintiff (i.e., KRW 1., KRW 55