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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
Credit service provider: The debtor's location of the real estate secured by the plaintiff: The interest rate of KRW 40,00,000 per annum: 2.5% per annum (year 30%) overdue interest rate: 3.25% per annum (annual 39%) expiration date: February 18, 2015, the plaintiff prepared a standard contract for loan transaction with the defendant who is the credit service provider on February 18, 2014 as follows:
(2) The Plaintiff transferred 40,000,000 won to the Plaintiff on the same day under the loan agreement. However, the Plaintiff immediately transferred KRW 1,350,000 to C as the expenses for establishing a right to collateral security and right to lease on a deposit basis, and KRW 3,600,000 to the Plaintiff.
Credit service provider: The loan amount of the Plaintiff: The interest rate of KRW 20,000: 2.5% per annum (30%) per annum: 2.9% per annum (34.8% per annum): September 29, 2016; the Plaintiff prepared a standard contract for loan transaction with the Defendant on September 22, 2015, with the following terms:
(2) The Plaintiff transferred KRW 20,000,000 to the Plaintiff on the same day, and the Plaintiff immediately transferred KRW 2,900,000 to the Defendant’s employees as a fee.
Under the instant loan agreement, the Plaintiff paid to the Defendant the amount indicated in the “amount of repayment” column of attached Table 1 as of the date indicated in the “date of repayment” column of attached Table 1 for the purpose of repayment. Under the instant second loan agreement, the Plaintiff paid the amount indicated in the “amount of repayment” column of attached Table 2 as of the date indicated in the “date of repayment” column of attached Table 2 for the purpose of repayment, and additionally paid KRW 71,740,000 on May 18, 2016.
【Ground of recognition” without any dispute, Gap 2-7 evidence, Eul 1-3 evidence, and the purport of the whole pleadings, which the plaintiff asserted to the parties concerned, shall be the employee of the defendant at the time when the plaintiff entered into the first loan contract of this case, with fees of KRW 3,600,00, and the second loan contract of this case.