beta
Text
1. The Defendant shall pay to the Plaintiff KRW 82,711,052 and the interest rate of KRW 20% per annum from November 11, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On January 25, 2010, the Plaintiff borrowed KRW 9,000,000 from the Defendant at an interest rate of 10% per month, and received KRW 1,00,000,000, deducting the interest rate of KRW 1,000,000 from the Defendant; and on October 21, 200, the Plaintiff borrowed KRW 7,000,000 from the Defendant at an interest rate of 10% per month, and received KRW 6,30,00,00, deducting the interest rate of KRW 700,000,00 per month; and for the same year.
2. From 25. to December 26, 201, a sum of KRW 32,800,000 was repaid.
B. The Plaintiff borrowed KRW 13,500,000 from the Defendant on January 10, 2012 at an interest rate of 10% per month and received KRW 13,500,000, deducting the interest of KRW 1,500,000 from the Defendant, and repaid KRW 81,460,000 in total from January 20 to April 8, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. According to Article 2(1), (3), and (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 30% per annum. The contractual interest rate is more than the above maximum interest rate is null and void. If the obligor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and if the amount deducted in advance from the interest paid in excess exceeds the amount calculated based on the above maximum interest rate, the excess amount shall be deemed appropriated for the principal.
(see Supreme Court Decision 2012Da55198, Oct. 11, 2012). The Defendant’s obligation of KRW 9,00,000 as of January 25, 2010; and the Defendant’s obligation of KRW 6,300,000 as of October 21, 2010; and each obligation of KRW 6,300,000 as of October 21, 201, as indicated in the separate sheet, are as of the amount of remittance listed in the separate sheet 2 through 9, and 11 through 40, as from February 25, 201 to December 26, 201, the Defendant repaid KRW 32,80,000,00 in total; and the obligation of KRW 13,50,000 as of January 10, 201.