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1. The Defendant shall pay to the Plaintiff KRW 82,581,903 and the interest rate of KRW 15% per annum from October 11, 2018 to the date of full payment.
Reasons
1. There is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and 2, the Plaintiff is the interest rate exceeding the limited interest rate set forth in the Interest Limitation Act 10% per month to the Defendant on June 9, 2016.
The fact that the Plaintiff lent KRW 100 million to C on September 8, 2016 (after the end of three months) (the record in the evidence No. 1), the Defendant is recognized to have lent the Plaintiff’s loan to C on the same condition as above. The Defendant submitted a written objection to the Plaintiff’s claim amount that it is impossible for the Defendant to partially recognize the Plaintiff’s claim amount, and the written objection to the application for payment order was submitted in detail. The purport of the above Defendant is to recognize the above loan but to dispute the amount of the loan, and the Plaintiff agreed on October 17, 2017 with the Defendant to reduce the interest rate of KRW 15%.
On the other hand, from August 10, 2016 to January 20, 2018, the Plaintiff received total of KRW 4,600,000 as interest of KRW 100 million from the Defendant, and on October 11, 2018, received dividends of KRW 47,872,892 in relation to the instant lending.
According to the facts found above, the defendant calculated 82,581,903 won [135,054,795 won [10,000 won with interest 35,054,795 won with interest from June 10, 2016 to October 10, 2018 (100,000 won x 15% with interest x 10% from June 10, 2016 to October 16, 2017) under the Interest Limitation Act [the interest rate under the Interest Limitation Act is exceeded the interest rate under the Interest Limitation Act with 15% per month. The plaintiff calculated and claimed interest within the scope of the interest limit under the above Act x 853/365,00 won with interest x 460,00 won with interest x 1050,000 won with interest x 104,070 won with interest calculated with interest 479,781,749,7847,7.79];