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1. The Defendant shall pay to the Plaintiff KRW 64,223,740 and KRW 22,025,014 among them, from November 16, 2016 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings in the statement Nos. 1 through 4, the fact that the Plaintiff agreed to lend KRW 10,000,000 to the Defendant on three occasions on May 29, 2007, July 25, 2007, and October 1, 2007, each of the three percent interest calculated on three percent per month (hereinafter referred to as “each of the above loans claim”) to be paid in advance (hereinafter referred to as “loan claim”) may be acknowledged.
Meanwhile, at each time of the above lending, the Plaintiff received 200,000 won as the interest rate of 30,000 won and 200,000 won as the introduction expenses, and ① received 300,000 won as the interest rate of the loan claim on June 29, 2007, July 29, 2007, and August 29, 2009, received 13,000,000 won as the interest rate, and appropriated 13,000,000 won as the interest rate on the loan claim in sequence, and ② received 30,000,000 won as the interest rate on the loan claim on September 25, 2007, and appropriated 30,000,000 won as the interest rate on October 25, 2007, and appropriated 300,000,000 won as the interest rate on the loan claim in order to 301,010.27.
B. 1) Determination of the Interest Limitation Act (Law No. 8322, hereinafter “former Interest Limitation Act”) enforced June 30, 2007, which was enforced on June 30, 2007
A) Notwithstanding its name, if a creditor receives interest in connection with a lending and borrowing of money (Article 4(1) of the former Interest Limitation Act) and if a prior deduction of interest exceeds the amount calculated according to the highest interest rate by making the amount actually received by the debtor as the principal, the excess shall be deemed to be appropriated for the principal. On the other hand, the interest rate under this Act shall be calculated as to the contractual interest rate established prior to the enforcement of this Act (Article 2(2) of the Addenda of the same Act) after the enforcement date of this Act.