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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 320,205,478 and the interest rate thereon from February 9, 2018 to the date of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;
3. On June 29, 2015, the Plaintiff: (a) lent KRW 150,000,000 to the Defendants; (b) determined the loan principal of KRW 209,00,000 in total of KRW 59,000,000 for the existing loan and KRW 150,000; and (c) agreed on December 20, 2016 to receive KRW 418,00,000 for the loan amount from the Defendants (hereinafter “instant agreement”); and (d) asserted that the Defendants paid KRW 418,00,000 for the agreed amount and delay damages therefrom.
According to the Plaintiff’s assertion, it is reasonable to view that, around June 29, 2015, the Plaintiff entered into a quasi-loan agreement with the Defendants on the loan principal of KRW 209,000,000, total of KRW 59,000,000 and KRW 150,000,00,000 as the loan principal, and the maturity date is determined as December 20, 2016. Of the instant agreement, the portion exceeding 25% per annum under Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; hereinafter the same shall apply) is null and void.
As of December 20, 2016, when calculating the principal and interest of the foregoing obligation as of December 20, 2016, the maturity date of the instant agreement, the principal amount of KRW 209,000,000 and the interest rate of KRW 286,301,369, which is calculated at the rate of 25% of the maximum interest rate stipulated in Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act from June 29, 2015, which is the date of the instant agreement with regard thereto, until December 20, 2016, and the amount exceeding the above interest rate of KRW 7,301,369 (=209,000 + the maximum interest rate of KRW 25 x (1175/365), and the portion exceeding the above amount shall be null and void.
Therefore, the contract amount that is effective as the agreed amount at the time of the instant agreement is KRW 286,301,369, and the above scope of recognition is exceeded among the Plaintiff’s claim for the agreed amount.