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1. The defendant shall pay to the plaintiff KRW 600,109,58 and KRW 400,000 among them, from October 3, 2006 to June 29, 2007.
Reasons
1. Facts of recognition;
A. Comprehensively taking account of the overall purport of the pleadings in the statement No. 3-1 through No. 6, it is recognized that the Plaintiff loaned KRW 600 million (hereinafter “each of the instant loans”) to the Defendant by setting the payment period of KRW 1 year and interest rate of KRW 36% per annum on three occasions on January 16, 2006, February 22, 2006, and April 18, 2006.
B. Meanwhile, the Plaintiff was paid KRW 6 million from the Defendant around October 2, 2006, KRW 12 million around October 9, 2006, KRW 6 million around February 20, 2007, KRW 2 million around February 28, 2007, and KRW 2 million around March 20, respectively, around May 7, 2007, around May 31, 2007, around July 22, 2007, and around August 7, 2007, around KRW 9 million around August 7, 2007, and KRW 64 million in cash in lieu of the total market value of each of the Plaintiff’s forest and fields transferred around March 3, 2014.
2. Determination
A. Under Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same shall apply), Article 2(1) of the Addenda, and Article 2(1) of the Addenda of the same Act (amended by Presidential Decree No. 25367, Jun. 11, 2014; hereinafter the same shall apply), the agreement on interest exceeding 30% per annum from June 30, 2007 to July 14, 2014 pursuant to the Addenda of the former Interest Limitation Act (amended by Act No. 25367, Jun. 30, 2007; Article 2(1) of the current Interest Limitation Act; Article 2(1) of the Addenda of the same Act; Article 2(1) of the same Act; and Article 1 of the Addenda of the same Act shall be null and void to the extent that each exceeding 25% per annum.
B. According to the facts acknowledged by Paragraph 1 of Article 479(1) and Article 477(3) of the Civil Act, the Defendant’s repayment or payment in kind (i.e., KRW 124 million in total) (i., KRW 64 million in total) is KRW 124,109,588 in total with interest or delay damages up to October 26, 2007 as to KRW 200 million in each of the instant loans pursuant to Article 479(1) and Article 4777 subparag. 3 of the Civil Act, which became the first due date for payment, pursuant to Article 479(1) and Article 4777(3) of the Civil Act.