beta
Text
1. The defendant shall pay 20% per annum to the plaintiff from July 28, 2015 to September 30, 2015, as well as from the next day.
Reasons
1. Facts of recognition;
A. The Defendant borrowed C the sum of KRW 150 million on June 3, 2008, KRW 50 million on May 26, 2009, KRW 150 million.
On May 26, 2009, the Defendant and C agreed on May 26, 2009 to pay interest of KRW 150 million to the Defendant on the 5th day of each month on the 600 million basis.
B. From June 30, 2008 to November 13, 2012, C paid a sum of KRW 325,200,000 per month to the Defendant and KRW 5 million per month. The details of the performance are as follows: (a) the details of the performance are as follows:
C. On June 20, 2015, C transferred a claim for return of unjust enrichment against interest paid by C to the Plaintiff in excess of the Interest Limitation Act, and notified the Defendant of the assignment of claim and served the Defendant at that time.
[Ground of recognition] The items of evidence Nos. 1-1, 2, and 2-21, and the purport of the whole pleadings
2. According to Articles 2(1), 2(3), and 2(4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter the same) and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter the same), the maximum interest rate under a contract for a monetary loan is 30% per annum; the contractual interest is more than the maximum interest rate; the contractual interest is more than the maximum interest rate; where the obligor voluntarily pays the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid is appropriated for the principal; and even if a loan contract for consumption or a novation contract is concluded on the amount equivalent to the interest paid; the same shall not apply to the portion of the amount paid.
(See Supreme Court Decision 2014Da223506 Decided January 15, 2015 (see, e.g., Supreme Court Decision 2014Da223506, Jan. 15, 201). According to the above facts of recognition, C pays KRW 229 million to the Defendant, such as “the details of satisfaction of performance” in attached Form 30, Jun. 30, 2008 to Sept. 6, 2011, by paying the Defendant the principal amount of KRW 150,000,000 and interest rate of KRW 74,511,741 per annum under the Interest Limitation Act until that time.