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1. The Defendant’s KRW 174,166,66 for the Plaintiff and KRW 5% per annum from July 31, 2019 to January 9, 2020.
Reasons
1. Basic facts
A. On April 17, 2017, the Plaintiff agreed to lend KRW 110,000,000 to the Defendant and to receive KRW 130,000,000 from the Defendant on May 17, 2017 following the month.
(hereinafter “instant loan”). (b) The instant loan
On August 25, 2018, the Defendant failed to repay the borrowed amount to the Plaintiff after the due date, and upon the Plaintiff’s request, prepared a letter of commitment to pay the Plaintiff a sum of KRW 99,00,000,000 (5.5 million x 18 months) calculated at the rate of KRW 110,000 per month as principal and KRW 5.5 million per month.
지불각서 피고는 원고에게 110,000,000원 154,000,000원(550만 원 × 28개월)을 2019. 7. 30.까지 변제할 것을 약속하며 이와 같이 지불각서를 씁니다.
July 20, 2019 Defendant B
C. On July 20, 2019, the Defendant failed to pay the money set forth in the above payment note, and upon the Plaintiff’s request, drafted and awarded to the Plaintiff the following payment note:
(hereinafter referred to as the “instant letter of payment”). / [Grounds for recognition] Gap’s evidence 1 (including paper numbers), the purport of the whole pleadings.
2. 1) The Plaintiff’s summary of the Plaintiff’s claim is to seek payment of KRW 264,00,000,000 in total, and damages for delay, which the Defendant agreed to pay to the Plaintiff via the instant payment note and the instant payment note. 2) The Plaintiff ex officio examined whether the provisions of the Interest Limitation Act were violated.
A contractual interest holder who exceeds the interest rate prescribed in the Interest Limitation Act shall be null and void, and even if a quasi-loan loan contract or a novation contract is concluded for the interest exceeding such limit, the excess shall not take effect for the excess.
(see, e.g., Supreme Court Decision 98Da17046, Oct. 13, 1998). Article 4(1) of the Interest Limitation Act provides that a creditor’s receiving of money in relation to lending and borrowing of money regardless of its name shall be deemed interest.