beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On April 15, 2013, the Plaintiff borrowed KRW 30,000,00 from the Defendant at the rate of 3% per month without setting the due date for repayment (hereinafter “the first loan”). On the same day, the Plaintiff paid KRW 900,000 as interest per month on the said loan.
B. On September 17, 2013, the Plaintiff borrowed KRW 23,000,000 from the Defendant at the interest rate of 3% per month without setting the due date (hereinafter “second loan”). On the same day, the Plaintiff paid KRW 690,000 as to the said loan on the same day.
C. On October 30, 2013, the Plaintiff borrowed KRW 20,000,000 from the Defendant at the rate of 3% per month without setting the due date for repayment (hereinafter “third loan”). The Plaintiff paid the commission for the above loan and interest for one month.
C Around May 15, 2013 to March 14, 2014, C paid to the Defendant KRW 9,000,000 as agreed upon for ten months from May 15, 2013 to March 14, 2014, ② Of the second loans, KRW 3,450,00 as agreed upon between October 17, 2013 and March 16, 2014, ③ as agreed upon between November 30, 2013 and March 29, 2014, KRW 14,850,000 (hereinafter referred to as “C payment”).
E. From April 16, 2014 to February 6, 2015, the Plaintiff paid KRW 32,600,000 to the Defendant.
F. The Plaintiff paid KRW 10,00,000 to the Defendant as repayment for each of the instant loans, KRW 44,80,000 on May 12, 2015, KRW 30,000 on May 21, 2015, and KRW 10,000 on June 2, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7 (including branch numbers, if any; hereinafter the same shall apply), the testimony of the first instance court witness C and the purport of whole pleadings
2. The parties' assertion
A. The Defendant received excess interest in violation of the Interest Limitation Act, and thus, 31,217,798 won out of the amount paid by the Plaintiff and C to the Defendant is satisfied to the principal in accordance with the Interest Limitation Act.