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1. The defendant shall pay to the plaintiff the amount of KRW 278,877,543 and the amount of KRW 178,643,060 from September 22, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On September 2, 2014, the Plaintiff did not set the Defendant the due date for payment of KRW 100 million, and specified the Defendant as 3% per interest month.
(B) On November 24, 2014, the Plaintiff loaned KRW 100 million to the Defendant at 3% of interest per month without setting the due date (hereinafter “second loan”).
From October 1, 2014 to September 21, 2018, the Defendant paid the Plaintiff totaling KRW 99,056,000 as shown in attached Table 1 as interest.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, the defendant is obligated to pay the principal and interest of the loans 1 and 2 to the plaintiff.
B. Meanwhile, the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017); 25% per annum; and the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Feb. 8, 2018), which was enforced at the time of the first and second loans, is 24% per annum. Thus, if the Defendant’s payment to the Plaintiff is made legal appropriation by applying the maximum interest rate under the Interest Limitation Act for each of the above paragraph (3) above, 49,634,050, principal and interest of the first loans as of September 21, 2018; 360,34,050, principal and interest of the loans as of September 21, 2018; 306,308,40,481,781,481,781,7,294,7,2814,7,7,281, and