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1. The Defendant’s KRW 58,813,480 as well as the Plaintiff’s KRW 36% per annum from September 5, 2014 to June 14, 2015.
Reasons
1. Facts of recognition;
A. From May 6, 2009 to May 6, 2012, the Plaintiff registered a credit business. On June 21, 2012, the Plaintiff opened a credit business, but discontinued the business on June 14, 2015.
B. On June 11, 2013, the Defendant drafted a letter stating that the Plaintiff borrowed KRW 100,000,000 from the Plaintiff as interest rate of KRW 3% per month (payment on the 10th of each month) and the due date of payment as of September 11, 2013.
In addition, the plaintiff paid 85,00,000 won, which is a part of the amount stated in the above letter, to the defendant on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 9, and 10, and the purport of the whole pleadings
2. The assertion and judgment
A. On June 11, 2013, the Plaintiff lent KRW 85,000,00 to the Defendant. Of these, the Plaintiff claimed for the payment of the principal amount remaining after appropriating the amount repaid by the Defendant from September 10, 2013 to September 4, 2014 for the repayment of the said principal and interest on the loan, and for the remainder of KRW 58,813,480, and for the delay damages from September 4, 2014.
B. The fact that the Plaintiff, a credit service provider, on June 11, 2013, lent KRW 85,00,00,00 to the Defendant as interest rate of KRW 3% as seen earlier. The Defendant’s payment of KRW 00,000 to the Plaintiff on September 10, 2013, KRW 5,000,000,000 on October 5, 2013, and KRW 00,000 on November 12, 2013, KRW 0,00,000, KRW 00,000, KRW 00,000 on December 11, 2013, KRW 0,000, KRW 00, KRW 00, KRW 5,000 on August 20, 2014, KRW 00, KRW 5,000 on May 10, 2014, KRW 5,005.
Meanwhile, according to Article 8(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 12156, Jan. 1, 2014), where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum, and the registration and registration of credit business, etc. of the former.