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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The plaintiff's assertion and judgment
A. According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act as of May 24, 2016, the maximum interest rate under a contract for lending and borrowing money is 25% per annum. The part which exceeds the maximum interest rate under a contract is null and void. If the amount actually received by the obligor is deducted as the principal, and if the amount deducted as the advance interest exceeds the amount calculated according to the above maximum interest rate, the excess amount shall be deemed as being appropriated for the principal (see, e.g., Supreme Court Decision 2012Da5198, Oct. 11, 2012). 2) In addition to the entire arguments in the evidence No. 1 and No. 2, the Plaintiff’s deposit with the Defendant on May 24, 2016, deducted KRW 50,000,000 for five months,50,5080.
According to the above facts, the defendant claimed against the plaintiff the amount of KRW 4,892,628 [the amount calculated by the defendant's actual receipt of KRW 5,038,850 at the rate of KRW 5,038,850, interest of KRW 461,150 at the highest interest rate of KRW 314,928 (the amount calculated by deducting KRW 5,038,850 at the rate of interest of KRW 5,038,850 at the rate of KRW 461,150 per annum x 25% at the rate of March x 25%) and damages for delay after the delivery of the copy of the complaint of this case from May 24, 2016.
Of the total amount of KRW 5,579,606 (i.e., KRW 4,892,628 x 205 x 25% x 25% x (=4,892,628 ), the Plaintiff is obligated to pay KRW 5,500,00 for the agreed interest and delay damages calculated annually by December 14, 2016 (i.e., KRW 4,892,628 x 686,978).
B. In addition to the written evidence No. 2 regarding the remaining claims for loans, the Plaintiff’s statement on October 21, 2015, along with the overall purport of the pleadings.