beta
Text
1. The Defendant (Counterclaim Plaintiff) from January 31, 2015 to KRW 27,081,865 to the Plaintiff (Counterclaim Defendant) and KRW 7,881,561 among them.
Reasons
1. Basic facts
A. The Plaintiff, on December 23, 199, lent interest of KRW 3.5% per month (which shall be paid on December 23, 199, plus 1% per month in arrears) to the Defendant on June 23, 200 (hereinafter “the first loan”), on December 30, 209, KRW 1,000,000, and KRW 2,000,000 on January 10, 201, respectively (hereinafter “second loan”).
The Defendant repaid to the Plaintiff KRW 4,145,000 on a 19-time basis from December 28, 1999 to December 24, 2001, as indicated in the “the details of payment” attached thereto, and repaid KRW 7,200,000 on a 19-time basis from February 2, 2002 to December 31, 2008, and repaid KRW 11,345,000 in total.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2-2, Eul evidence 2-1 through 17, and the purport of whole pleadings.
2. Determination as to the claim on the principal lawsuit
A. Since there is no special agreement between the parties on the method and interest rate of appropriation for performance, each of the Defendant’s repayment shall be appropriated in the order of expenses, interest, and principal pursuant to Article 479(1) of the Civil Act.
The fact that the Plaintiff and the Defendant set the interest of KRW 5,00,000 at 3.5% per month (4.5% per month in arrears on 5th day) is as seen earlier. Since there is no evidence to recognize that the Plaintiff is a credit service provider registered by the Plaintiff, the Interest Limitation Act shall apply to the interest rate limited.
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, and there was no statutory limit. However, from June 30, 2007 to July 14, 2014, pursuant to Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate of 30% per annum is applied, and the portion exceeding the above maximum interest rate is null and void, and if a debtor arbitrarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated to the principal.