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1. The defendant's KRW 30,000,000 for the plaintiff and 36% per annum from August 25, 2005 to June 29, 2007, and the following.
Reasons
1. The facts of recognition that the Plaintiff lent KRW 30,00,000 to the Defendant on August 25, 2005, and the fact that on March 25, 2008, the Plaintiff drafted a letter of payment stating that the Defendant shall pay the Plaintiff the above borrowed amount plus interest at the rate of 3% from August 25, 2005, which was the date of borrowing from the Plaintiff on March 25, 2008, may be recognized pursuant to either the dispute between the parties, or the purport of the evidence No. 1-1 to 3, and the whole pleadings.
2. Determination
A. The facts that the Plaintiff and the Defendant set the interest on KRW 30,000,000 on the grounds of the claim at KRW 3% per month are as seen earlier, and the Interest Limitation Act applies to the interest rate on the grounds that there is no evidence to acknowledge that the Plaintiff is a credit service provider registered by the Plaintiff.
The former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) was enacted and enforced from January 13, 1998 to June 30, 2007; however, there was no statutory limit from June 30, 2007 to July 14, 2014; however, pursuant to Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the restriction rate of 30% per annum is applied; and as a contractual interest, the part exceeding the above maximum interest rate is null and void.
(See Supreme Court Decision 2012Da55198 Decided October 11, 2012. Meanwhile, according to the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), the maximum interest rate is 25% per annum or 25% per annum under Article 2(1) of the same Act (amended by Presidential Decree No. 28413, Nov. 7, 2017). Under the provision on the maximum interest rate under Article 2(1) of the current Interest Limitation Act, which was in force from February 8, 2018, this provision applies from the point of entering into or renewal of the contract after the enforcement of the above provision.
Therefore, in this case, the former Interest Limitation Act from June 30, 2007.