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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 May 13, 2010, the Defendant, who was running a credit business, entered into an agreement with C Co., Ltd. (hereinafter “C”) to grant a loan of KRW 2.2 billion at the interest rate of KRW 36% per annum, interest rate of delay 46% per annum, and due date of payment on August 2, 2010 (hereinafter “instant loan agreement”), and lent KRW 2.2 billion on May 14, 2010.
C at the time of borrowing, from May 13, 2010 to August 2, 2010, issued to the Defendant one copy of a cashier’s check of KRW 177,920,00 with a face value of KRW 177,920,00 (i.e., KRW 2,200,000 x 0.36 x 0.36 x 0.36 x 82 days/365 days, 10,000).
B. C repaid to the Defendant a total of KRW 1.25 billion on August 2, 2010, KRW 100 million on August 3, 2010, KRW 200 million on August 13, 2010, KRW 200 million on August 13, 2010, KRW 23.5 billion on August 23, 2010, and KRW 250 million on August 24, 2010.
D paid KRW 1,086,566,386 to the Defendant on October 28, 2010.
C. On September 7, 2015, based on the executory exemplification of the payment order (Seoul Central District Court 2012 tea6258) issued against C, the Plaintiff was issued an attachment and assignment order for C’s money (hereinafter “instant attachment and assignment order”) to the Defendant until the claim amount of KRW 500 million out of the claim amount, on the ground that C and the Defendant received a refund from C under the monetary loan contract for consumption between C and the Defendant on the ground that the Defendant received a refund from C in excess of the statutory limit. The said order was served on the Defendant, who is the garnishee on September 10, 2015, and on January 28, 2016, to C, who is the debtor, on the ground that it was finalized on February 5, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 9, Eul evidence Nos. 1 and 2 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) At the time of the instant loan agreement, Plaintiff C paid 400,000,000 won in advance to the Defendant at the time of the instant loan agreement, under the name of advance interest and loan fee, and the actual C’s loan amount = 1,800,000 won = 2,200,000.