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1. Certificate No. 239, No. 2011, which was written by the Defendant against the Plaintiff by a notary public against the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who actually engages in credit business without registering the credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users.
B. On February 28, 2011, the Plaintiff entered into a loan agreement with the Defendant that the Plaintiff would borrow five million won from the Defendant on March 28, 2011 on the date of repayment, the interest rate of 2.5% per annum (30% per annum) and the 28th day of each month on the payment date of interest (hereinafter “the Plaintiff’s obligation under this agreement”) and entered into a loan agreement with the Defendant stating the loan amount of KRW 10 million as the loan amount. C set the Plaintiff’s obligation as the maximum debt amount of KRW 10 million and the guarantee period of the Plaintiff’s debt as three years.
C. On February 28, 2011, the Plaintiff: (a) acknowledged that a notary public, with respect to the debt of the instant loan, was liable for KRW 10 million to the Defendant in accordance with the agreement on the said loan; (b) paid the principal by cash until March 28, 2011; and (c) paid interest at the 28th day of each month; and (d) made up a notarial deed on the debt repayment (a notarized loan agreement) stating that “if the Plaintiff fails to perform the said debt, he/she shall have no objection even if he/she is immediately subject to compulsory execution” (hereinafter referred to as “a notarized loan agreement”) in accordance with the said notarial deed.
On February 28, 2011, the Plaintiff received KRW 5 million from the Defendant to the Plaintiff’s account, and returned it again to C’s account. C withdrawn KRW 800,000 among them, and paid it as one-month interest to the Defendant.
E. In the case of violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users in the Cheongju District Court Decision 2011 High Court Decision 8192, Nov. 15, 201, where an unregistered credit service provider grants a loan, the Defendant cannot receive interest exceeding the maximum interest rate of 30% per annum under the Interest Limitation Act.