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1. The defendant,
A. As to KRW 10,458,995 among Plaintiff A and KRW 9,942,50 among them, from October 24, 2014 to February 7, 2018.
Reasons
1. Basic facts
A. On February 5, 2014, Plaintiff A decided to lend KRW 10 million to the Defendant at the rate of 3% per July 5, 2014 for the due date, and transferred KRW 9,700,000,000, which is the remainder after deducting KRW 300,000 from the prepaid interest from the account in the name of the Defendant’s wife, to the Plaintiff’s bank account. On September 5, 2014 and October 23, 2014, Plaintiff A transferred KRW 1,200,000 from the Plaintiff’s bank account to the Plaintiff’s bank account.
B. On August 2, 2012, Plaintiff B remitted KRW 30 million to D’s account. From October 31, 2012 to June 3, 2015, Plaintiff B transferred KRW 12,550,000 from the Defendant’s account to the Plaintiff’s bank account.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 2 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination as to Plaintiff A’s claim
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff A the principal and interest borrowed on February 5, 2014 and interest 10 million won borrowed as of February 5, 2014, and delay damages therefor.
I would like to say.
However, the part which exceeds 30% per annum, which is the highest interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) among the monetary loan contract between the Plaintiff A and the Defendant as to the foregoing loan principal and interest is null and void. Whether the interest exceeds the maximum interest rate, excluding the amount deducted from the prior interest, shall be determined based on the interest rate under the limited interest rate for the period from the date of loan to the date of maturity, based on the amount actually received by the obligor, excluding the amount deducted from the prior interest. If the excess exceeds the result of such determination, the excess amount shall be determined based on whether it exceeds the amount deducted from the prior interest and the loan principal before the deduction between the parties, and then the remainder after such appropriation shall be the leased principal that the obligor has to pay at the due date.