beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 28,687,500 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2014 to December 5, 2018.
Reasons
1. Determination on the main claim
A. On May 28, 2014, the Plaintiff borrowed KRW 30 million from the Defendant until October 24, 2014 (five months of the borrowing period).
“A certificate of borrowing is issued to the Defendant on the same day, and the Defendant paid KRW 2,50,000,000,000,000 calculated at 3% per month for 30,000 won per month after deducting the interest of KRW 4.5 million.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 and 4 (including paper numbers), the purport of the whole pleadings
B. (1) According to the provisions on the maximum interest rate under Article 2(1), (3), and (4), and Article 3 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter “former Act”) and Article 2(1) of the Interest Limitation Act, the maximum interest rate on a contract for lending and borrowing money is 30% per annum. The contractual interest is null and void in excess of the above maximum interest rate. If the obligor arbitrarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal, and if the amount deducted in advance exceeds the amount calculated according to the above maximum interest rate with the obligor’s actual receipt as the principal, the excess amount shall be deemed appropriated for the principal (see Supreme Court Decision 2012Da5198, Oct. 11, 2012; 2005Da54555, Feb. 25, 2012).
The plaintiff asserts that the loan principal calculated by applying the above legal principles is KRW 29,250,00.
However, based on the above legal principles, 3,187,50 won (=25,500,000 x 0.3 x 5/12) is the interest for the five-month interest calculated by applying 30% per annum, which is the highest interest rate under the Interest Limitation Act at the time of the above loan, based on the amount of KRW 25,550,000 actually paid to the Defendant according to the above legal principles. Thus, the above amount is appropriated for the repayment of interest, and the remainder of KRW 1,312,50 = 4,500,000-3.