beta
Text
1. The Plaintiff:
A. Defendant B shall complete the payment of KRW 80,148,369 and KRW 53,726,836 among them.
Reasons
1. Basic facts
A. On January 15, 2014, the Plaintiff agreed to lend KRW 80,000,00 to Defendant B for a fixed period of 5% per month and 3 months from the date of loan due, and Defendant C jointly and severally guaranteed the above loan obligations of Defendant B.
B. Since January 16, 2014, Defendant B issued a sales contract for the E building 401 and 402 as security, Defendant B paid KRW 72,00,000,000 after deducting the interest corresponding to the interest for two months under the said monetary loan contract from the Plaintiff on January 21, 2014 (=80,000,000 x 5 x 5 x 2 months).
C. From March 25, 2014 to July 25, 2014, the Plaintiff additionally lent KRW 26,100,000 as indicated in the separate lending and repayment statement.
Defendant B repaid total of KRW 49,214,69 from July 25, 2014 to December 30, 2015.
E. Meanwhile, Defendant B completed the registration of the right to claim ownership transfer as of February 27, 2014 to Defendant D, the sole owner of the real estate listed in the separate sheet, as of February 27, 2014.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including branch numbers), the fact inquiry results to the head of Gangseo-gu Office of this Court, the purport of the whole pleadings
2. Determination as to loan claims
A. Loan 1 of January 21, 2014 where interest exceeding the limit of the Interest Limitation Act is deducted as interest (i.e., loan) and the excess is null and void. As such, the debtor is obligated to repay only the amount of loan actually received plus the amount of interest within the limit of the Interest Limitation Act up to the due date for repayment, as the leased principal on the due date for repayment (see, e.g., Supreme Court Decision 93Da23459, Nov. 23, 1993). In addition, the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”).
Article 2 (1) shall be a contract for a lending and borrowing of money.