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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 16, 2012, the Defendant has engaged in credit business under the trade name, “SPPPPPP loan” in accordance with Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.
B. From July 25, 2012 to July 29, 2013, the Plaintiff borrowed a total of KRW 186,39,000 as shown in the separate sheet from the Defendant.
(Attachment List No dispute exists between the Plaintiff and the Defendant as to the date of borrowing and the amount of the borrowed principal, except for the respective borrowed amounts listed in Table Nos. 2 and 3. The Plaintiff asserts that the borrowed amount of KRW 12,00,000 as of September 25, 2012 and No. 30,000 as of October 25, 2012, and the borrowed amount of KRW 30,000 as of October 25, 2012, the Plaintiff did not actually borrow it. However, considering the overall purport of the arguments in the statement Nos. 1-1 and 2, the Plaintiff’s assertion that the borrowed amount of KRW 12,00,000 as of September 25, 2012, and the entire purport of the arguments in the statement No. 30,000,000,000 as of October 30, 205, as well as the receipt issued to the Defendant. Accordingly, the Plaintiff’s assertion is acceptable.
The Plaintiff repaid the Defendant KRW 1,00,000, KRW 1,000 on October 30, 2012, KRW 80,000 on October 30, 2012, KRW 1,000,00 on May 9, 2013, and KRW 202,00,000 on August 29, 2013, respectively.
[Reasons for Recognition] Unsatisfy, Eul's evidence 1-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The purport of the Plaintiff’s assertion is that the Plaintiff paid the Defendant the amount exceeding KRW 18,073,00,000,000,000 to the Defendant on October 30, 2012, and KRW 80,000,000,000 on May 9, 2013, and KRW 202,00,000 on August 29, 2013. If the repayment exceeds the interest rate of KRW 39% per annum under the Interest Limitation Act on the above loan, the Plaintiff paid the amount to the Defendant in excess of the interest rate of KRW 18,073,00,00, without any legal ground.