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1. Defendant B shall pay to the Plaintiff KRW 131,829,116 and the interest rate of KRW 15% per annum from July 7, 2017 to the date of full payment.
Reasons
1. Basic facts - The Plaintiff, from October 10, 2014 to December 8, 2016, determined a sum of KRW 163,000,000 (hereinafter “instant loan”) as interest rate of KRW 5% as between December 10, 2014 and December 8, 2016, and lent to Defendant B. -
Defendant B paid the Plaintiff KRW 81,150,000 as interest on the said loan from January 12, 2015 to February 28, 2017.
Defendant B deposited KRW 76,150,000, and KRW 5 million in the Plaintiff’s passbook.
[Reasons for Recognition] Facts without dispute, entry of Gap5 and 6 evidence, purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The gist of the assertion is that the Plaintiff, among interest 78,850,000 won received from the above Defendant, the remainder of 28,870,884 won, excluding the remainder of 49,979,116 won calculated at the highest interest rate under the Interest Limitation Act, with respect to the instant loan principal, shall be 134,129,116 won (=163,000,000 -28,870,884 won). Thus, the Defendant B shall pay the said amount and damages for delay to the Plaintiff.
In regard to this, Defendant B recognized the whole of the above loan amounting to KRW 83,850,00,00. However, Defendant B asserts that if the above Defendant deducted KRW 33,870,884, excluding KRW 49,979,116, calculated by the highest interest rate under the Interest Limitation Act, the remaining principal of the loan in this case is KRW 129,129,116 (=163,00,000 -33,870,884).
B. As seen earlier, there is no evidence to prove that the interest paid by Defendant B to the Plaintiff is KRW 81,150,000, including the amount of KRW 5 million deposited in the name of Defendant C, and that there was no excess interest payment.
From the above 81,150,00 won to the Plaintiff and the Defendant, 31,170,884 won should be deducted from the amount of interest calculated by the highest interest rate under the Interest Limitation Act on the instant loans if there is no dispute over the interest rate of 49,979,116 won, and the unpaid principal shall be 131,829,116 won (=163,00,000,00 won - 31,170,884 won).
Therefore, Defendant B is subject to KRW 131,829,116.