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1. The Defendant shall pay to the Plaintiff KRW 433,890,508 and the interest rate of KRW 20% per annum from October 25, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. From around 1997, the Plaintiff and the Defendant borrowed money from the Defendant for a short period of time from 1997, and the Defendant has made a monetary transaction by receiving interest thereon from the Plaintiff.
B. From May 13, 2004 to June 30, 2013, the Defendant borrowed from the Plaintiff each amount indicated in the “amount of borrowed money” column in the “amount of borrowed money” column in the attached table of appropriation statement from the Plaintiff as of each corresponding date (hereinafter “the instant borrowed money”), and the said borrowed money and its interest holders paid each amount indicated in the “amount of borrowed money” column in the “date of repayment” column in the above table to the Plaintiff on each corresponding date.
C. On July 2, 2010, the Plaintiff: ① a notary public issued a promissory note of KRW 33,400,000 at the face value No. 491 on July 2, 2010; ② on the same day, a promissory note of KRW 59,000 at the face value No. 492 on the said law firm’s certificate; ③ on February 21, 2013, a notarial deed of KRW 49,900,000 on the said law firm’s certificate of KRW 187 on February 21, 2013; ④ on October 25, 2013, a notarial deed of money loan agreement of KRW 49,90,000 on the said law firm’s certificate of KRW 939 on October 25, 2013.
(hereinafter referred to as “each notarial deed of this case”). . [The grounds for recognition] did not dispute, Gap evidence Nos. 1, 2, 6, 8, 10, 12, and 16 (including the serial numbers; hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The plaintiff's assertion 1 received interest on the above loan from the plaintiff unfairly high rate. The interest paid as above exceeds the interest rate set by the High rate in violation of good morals and other social order, and the defendant received from the plaintiff without any legal ground, and thus the defendant receives from the plaintiff the interest amount exceeding the interest rate set by the High rate in violation of good morals and other social order, and thus the defendant shall pay 540,000,000 won and delay damages.