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1. The defendant shall pay to the plaintiff KRW 965,958,904 as well as KRW 300,000 among them, from July 1, 2015 to the day of full payment.
Reasons
The judgment on the cause of the claim was made on July 3, 2007 that the Plaintiff lent KRW 300,000,000 to C on October 3, 2007, setting the due date of repayment to 36% per annum, and lent to C on October 3, 2007. The Defendant jointly and severally guaranteed the Defendant’s obligation to borrow loans to C, and the Plaintiff received interest from C from December 2, 2007 to December 2, 2007 does not conflict between the parties, or is recognized by taking account of the overall purport of the pleadings as a whole.
The provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) enforced on June 30, 2007 set the maximum interest rate under a contract for monetary lending at 30% per annum.
After July 15, 2014, Article 2 (1) of the Interest Limitation Act, which was enforced since July 15, 2014, stipulates that the maximum interest rate under a contract for lending and borrowing of money shall be 25% per annum, and Article 2 of the Addenda of the same Act provides that the above provision shall apply in cases where a contract is entered into or renewed for the first time after July 15, 2014.
According to the above facts, the defendant is obligated to pay the following money to the plaintiff as joint and several surety for C's loan obligations:
The interest rate of KRW 300,00,000 on the borrowed principal of KRW 300,00,000 shall be KRW 587,342,465 per annum as stipulated in Article 2 (1) of the former Interest Limitation Act from December 3, 2007 to June 10, 2014 (=300,000,000 x 0.3 x 2,382 / 365 days x 30,000 x 30,005,000 per annum as claimed by the Plaintiff within the scope of 586,849,315 x 30,00,000,000 per annum as set forth in Article 2 (1) of the former Interest Limitation Act (= the maximum interest rate of KRW 305,00,000 per annum as set forth in Article 2 (1) of the former Interest Limitation Act).