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1. Of the judgment of the court of first instance, KRW 35,00,000 against the Plaintiff and its related thereto from December 16, 2003 to June 29, 2007 against the Defendant.
Reasons
1. Basic facts
A. On June 16, 2003, the Plaintiff prepared an agreement on a monetary loan loan with the Defendant to lend KRW 35,000,000 as of December 15, 2003 and as of December 6, 2003, the Plaintiff paid KRW 32,900,000 in total by paying KRW 10,000 as the Defendant’s passbook on the day of the contract, in cash, KRW 7,000 as the Defendant’s passbook, and KRW 15,90,000 as the Defendant’s passbook on the following day.
(s) 2,100,000 won was deducted as prior interest
B. Accordingly, the Defendant prepared to the Plaintiff a permanent resident certificate stating that “The Plaintiff received KRW 35,00,000” and “35,00,000,000,000 from June 16, 2006 of the issue date, December 15, 2003, face value of KRW 35,000,00,00 from the issuer and three other parties,” and issued it to the Plaintiff.
[Ground of recognition] Gap's evidence Nos. 1, 2, 3, 6, 7, and 8, appraisal statement of a trial appraiser C, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff a loan of KRW 35,000,000 and interest for delay calculated at the rate of 72% per annum, which is agreed upon.
However, Article 2(1) and (3) of the Interest Limitation Act (amended by Act No. 8322 of Mar. 29, 2007 and enforced as of Jun. 30, 2007) provides that “The maximum interest rate under a contract for monetary lending and lending shall be determined by Presidential Decree within the scope not exceeding 40 percent per annum, and the portion exceeding the above maximum interest rate shall be null and void.” Article 2(2) of the Addenda provides that “The interest rate under a contract for lending and lending which was established before this Act enters into force shall be calculated as prescribed by this Act after this Act enters into force,” and accordingly, “the maximum interest rate under Article 2(1) of the Interest Limitation Act shall be 30 percent per annum.”
According to this, the interest agreement is null and void only for the portion exceeding 30 percent per annum, and such interest agreement is prior to the enforcement of the Interest Limitation Act.