beta
Text
1. The Defendant’s KRW 91,403,710 as well as the Plaintiff’s annual rate from August 22, 2015 to May 31, 2017, and the following.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff borrowed money from the Defendant over several occasions, and paid KRW 94,056,873 more than the interest under the highest interest rate prescribed in the Interest Limitation Act.
Therefore, the defendant is obligated to pay 94,056,873 won and damages for delay paid in excess to the plaintiff.
B. 1) Determination 1 is as shown in the attached Table of the relevant legal doctrine. 2) The details of monetary lending and repayment between the Plaintiff and the Defendant are as listed in the attached Table.
The interest that the Plaintiff paid to the Defendant was paid in excess of KRW 91,403,710 as of July 30, 2014 when the Plaintiff appropriated the remainder as principal within the scope of interest calculated by applying 30% per annum, which is the highest interest rate prescribed by the Interest Limitation Act.
(A) According to the reasoning of the judgment below, the Defendant is obligated to pay to the Plaintiff the amount of KRW 91,403,710 which the Plaintiff received in excess of the statutory interest, and damages for delay of the amount exceeding the above amount of the Plaintiff’s claim is without merit (as stated in the attached Table). [The grounds for recognition] There is no dispute, Gap evidence 1, 5’s statement, 131829323, 6, and 7’s statement of evidence, and the purport of the whole pleadings.
2. Judgment on the Defendant’s argument
A. The summary of the argument is that the defendant only arranged the plaintiff to borrow money from C upon the plaintiff's request and did not lend money directly to the plaintiff.
B. The following facts can be acknowledged in full view of the records and the purport of the entire pleadings by the judgment Gap 6.
① Although the Plaintiff was aware that the Defendant borrowed money from a third party and borrowed money again, it decided with the Defendant all the conditions of the loan, such as the amount of the loan, the due date for repayment, and the deduction of interest, and the borrowed money from the Defendant.