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1. The Defendant’s KRW 42,986,527 as well as the Plaintiff’s annual rate from June 3, 2009 to August 14, 2015.
Reasons
1. Basic facts
A. In early 2007, the Plaintiff proposed that “The Plaintiff will return KRW 200 million to the Defendant, 200,000,000,000,000,000 won as the funds are insufficient to operate a business importing and selling the seeds in China.” This proposed that “The Plaintiff will return KRW 200,000,000,000,000 after two months.”
B. The Defendant accepted the above proposal and paid the Plaintiff KRW 100 million on February 9, 2007 and KRW 80 million on February 13, 2007.
C. However, on April 14, 2007, when two months have elapsed since then, the Plaintiff paid only KRW 20 million, which was promised to the Defendant as a profit, to the Defendant, and did not pay KRW 180 million of the investment principal, and the total amount of the investment principal and the profit was paid KRW 200 million after two months.
However, on June 14, 2007, the Plaintiff failed to pay the above KRW 200 million to the Defendant, and the Defendant agreed to pay the principal and interest of KRW 200 million per month by setting the principal and interest of KRW 7 million per month.
(hereinafter “instant agreement”). [The grounds for recognition] The entry of evidence No. 1, the witness C’s testimony, and the purport of the entire pleadings
2. Determination:
A. The plaintiff asserts that the principal lent to the defendant should be returned as unjust enrichment that the plaintiff paid in excess of the principal and interest on the loan due to the cause of KRW 180 million.
B. According to the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money is limited to 30% per annum, and the portion exceeding the maximum interest rate is null and void, and where the obligor arbitrarily pays the interest exceeding the maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal (see, e.g., Supreme Court Decision 98Da17046, Oct. 13, 1998).
The instant agreement is reasonable to regard the principal and interest of KRW 200 million as a quasi-loan agreement that provides for the purpose of a loan for consumption.
If 200 million won as principal of quasi-loan for consumption is appropriated in the order of interest and principal calculated by the rate of 30% per annum, which is the limit of interest under the Interest Limitation Act, it shall be attached.