beta
Text
1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 12, 2010, the Plaintiff prepared a certificate of borrowing money (a evidence No. 1-1; hereinafter “the certificate of borrowing of this case”) with the content that KRW 200 million, out of the proceeds from the purchase of the KRW 9,348 square meters of Pyeongtaek-si D (hereinafter “instant site”) in the auction procedure for the rent of real estate in Suwon District Court, Suwon District Court, the Defendant entered into a certificate of borrowing money (a evidence No. 1-1; hereinafter “the certificate of borrowing of this case”) on September 13, 2010, with the name and seal of the original Defendant.
B. The receipt based on the loan certificate was prepared and the receipt containing the fact that the Defendant received KRW 200 million from the Plaintiff on the same day (A evidence 1-2) was also signed and sealed by the Defendant.
[Reasons for Recognition] Facts without dispute, entry or shape of Gap evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff 1) The Defendant conferred the right of representation on a loan for the purpose of raising the price of the instant site to his own company-type E, and the Plaintiff entered into a monetary loan agreement with the Defendant’s lawful agent E, which became aware of by F. According to the monetary loan contract, the Plaintiff loaned to the Defendant the remainder of KRW 150 million after deducting the amount of KRW 50 million from the interest in advance. The Defendant is only subject to the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; hereinafter “Interest Limitation Act”).
(2) Pursuant to Article 2(1) of the Interest Limitation Act, a loan of KRW 154,068,493 (i.e., a loan within the effective scope (30% per annum) (i.e., a prior interest of KRW 150,000,000 within the limit of the Interest Limitation Act) and damages for delay calculated at the rate of KRW 30% per annum from September 14, 2010 to the date of full payment (i.e., the date following the due date) are obligated to pay to the Plaintiff. (ii) Preliminaryly, a monetary loan agreement is concluded with E.