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1. The Plaintiff:
A. As to KRW 11,864,450 among Defendant B and its KRW 10,00,000, Defendant B, the amount of KRW 11,864,450 from April 26, 2018.
Reasons
1. Claim against the defendant B
A. According to the facts that there is no dispute between the parties to the judgment on the cause of the claim and the purport of Gap evidence No. 1 (including the provisional number), and the entire purport of pleadings, it is recognized that the Plaintiff loaned KRW 60,000,000 to Defendant B on June 25, 2016 as the annual rate of 60%, the due date of repayment, November 25, 2016, and the agreed rate of KRW 20,000,000 on January 20, 2017, with the maturity of 60% per annum and May 28, 2017.
The Plaintiff is a person who was paid part of interest or delay damages from Defendant B until April 2018. The Plaintiff’s payment of such interest or delay damages is limited to 25% per annum, which is the upper limit prescribed by 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). The same is as indicated in the calculation table of the amount appropriated in the attached appropriation if the Plaintiff appropriated the payment to the Plaintiff.
(2) Defendant B asserted that the rate of 24% per annum under the amended provision should be applied after February 7, 2018. However, according to Article 2 of the Addenda to the Regulations on the Maximum Interest Rate under Article 2(1) of the Interest Limitation Act amended by Presidential Decree No. 28413, Nov. 7, 2017, the above provision of the amended provision applies from the point of entering into a new contract or the renewal thereof, and the above assertion is without merit). Therefore, Defendant B is obliged to pay damages for delay calculated by the Plaintiff at the rate of 24% per annum as the Plaintiff seeks from April 26, 2018, with respect to KRW 11,864,450, out of the interest payment period, and KRW 10,000,00 from April 26, 2018, from April 29, 2018 to the date of full payment.
B. On May 2018, Defendant B’s assertion that Defendant B said that Defendant B, who introduced the Plaintiff, would not pay interest to G as the Plaintiff was out of flight due to the Plaintiff’s violation of the Fraudulent Act and the Credit Business Act, and that the Plaintiff would not pay the interest of KRW 1,50,000 on May 23, 2018, and the interest of KRW 1,50,000 on July 1, 2018.