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(영문) 서울남부지방법원 2015.02.12 2014나53542
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On July 30, 2009, the Korea Credit Service Company, which is a credit service provider registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), provided a loan to the Defendant with the amount of KRW 3,000,000 per annum on July 30, 200 as “the maturity date: July 30, 201; repayment method: The principal and interest shall be equally divided and repaid at KRW 198,00 per annum on the 25th day of each month; interest rate shall be 48.5% per annum; overdue interest rate: 49% per annum.”

(hereinafter “instant loan”). (b)

From August 22, 2009 to August 11, 2011, the Defendant paid KRW 4,072,000 in total to a limited liability company for loan of this case.

C. On May 15, 2012, the KAF limited liability company transferred the instant loan claims against the Defendant to the Plaintiff, a credit service provider registered under the Credit Business Act, and notified the Defendant of the assignment of claims on May 18, 2012.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 7, and the purport of the whole pleadings]

2. Determination

(a)be entered in the order of the amendment of the relevant statute;

(3) "Rate prescribed by Presidential Decree" in Article 8 (1) of the Act means 49/100 per annum, and the interest rate per month and per day shall be computed by converting 49/100 per annum into a simple interest rate.

The amended provisions of Article 5 (3) and the latter part of the main body of Article 9 shall apply to the provisions of Article 2 (3) and the latter part of the Addenda to this Decree from the loan agreements concluded or renewed after this Decree enters into force.

Article 8 (Restriction on Interest Rates) (1) Where a credit service provider lends a loan to an individual or a small-scale corporation prescribed by the Presidential Decree, the interest rate shall not exceed the rate prescribed by the Presidential Decree within the limit of 60/100 per annum.

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