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1. The Defendant’s KRW 967,787,670 for the Plaintiff and KRW 5% per annum from March 14, 2018 to February 21, 2019.
Reasons
1. Facts of recognition;
A. On August 26, 2016, the Defendant agreed to borrow KRW 910 million from the Plaintiff between the Plaintiff and the Plaintiff, and agreed to repay KRW 100 million plus interest KRW 100 million until November 30, 2016 (hereinafter “instant agreement”).
B. The Plaintiff remitted to the Defendant the sum of KRW 91,000,000, including KRW 61,000,000 on August 25, 2016, and KRW 300,00,00 on September 7, 2016, prior to the conclusion of the above agreement.
[Ground of recognition] The facts without dispute, Gap evidence 1 (Article 6) (Article 6) and Gap evidence 4, the whole purport of arguments, and the whole purport of arguments, are as follows: Gap evidence, Gap evidence 1 (Article 6) (Article 7 (1) 1, Eul, a representative of the defendant who is authorized to represent the defendant, prepared through consultation with the plaintiff and signed and sealed the defendant's corporate seal at the time of the execution of the audit D
2. Since the provisions of the Interest Limitation Act are mandatory provisions, the issue of whether the provision is in violation may be determined ex officio (see, e.g., Supreme Court Decision 2009Da103738, Mar. 25, 2010); Article 2(1) of the Interest Limitation Act; Article 2(1) of the former Interest Limitation Act; and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017); the maximum interest rate under a contract for lending of money at the time of a lending contract is 25% per annum; and the contractual interest is null and void.
Examining the above facts in light of the legal principles as seen earlier, the Defendant agreed to pay interest KRW 100 million to the Plaintiff. However, regarding KRW 610 million out of the loan amounting to KRW 100 million, the Defendant’s interest rate of KRW 40,527,397 calculated at the rate of 25% per annum, which is the maximum interest rate under the Interest Limitation Act, from August 25, 2016 to November 30, 2016, the date of repayment, for the loan amounting to KRW 610,000,000,000 ( KRW 610,000 x 25% x 97 days x 365 days), and the remainder of the loan amount to KRW 30,000,000,000,000,000 per annum 25% per annum from September 7, 2016 to November 30, 2016.