beta
Text
1. The Defendant shall pay to the Plaintiff KRW 20,00,000 as well as 30% per annum from January 17, 2014 to the day of complete payment.
Reasons
1. The Defendant, on June 24, 2013, established and managed D jointly with C, and agreed to terminate and settle the partnership agreement on June 26, 2014. The Defendant agreed to bear KRW 20,000,000 against C’s loan to the Plaintiff.
Accordingly, on June 26, 2014, the Defendant made the principal amount of KRW 26,00,000,000 with interest for five months added to the Plaintiff at KRW 20,000,000,000 as the principal, and prepared and awarded the monthly interest at KRW 1,20,000, and the due date for repayment as of September 30, 2014 with the interest for KRW 1,20,000,000 as the principal amount.
(hereinafter referred to as “instant loan agreement,” “the instant loan certificate,” hereinafter). [Grounds for recognition] There is no dispute, entry in Gap’s 2 through 4, and Eul’s 1 through 4, and the purport of the whole pleadings.
2. Determination of the parties' arguments
A. As of January 17, 2014, determination on the cause of the claim, the principal of the borrowed amount is KRW 20,000,000 as of January 17, 2014, and the date of the preparation of the loan certificate in this case is June 26, 2015, there is no dispute between the parties (the Plaintiff asserted that the Plaintiff stated KRW 26,00,000,000, adding the principal amount of KRW 20,000,000 as of January 17, 2014 as principal, adding the principal amount of KRW 20,000,000 as of January 17, 2015, and the Defendant is obligated to pay the Plaintiff the principal amount of the borrowed amount to KRW 20,00,000,000 as of January 17, 2014.
Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(3) of the same Act provides that “The maximum interest rate under a contract for monetary lending shall be determined by Presidential Decree within the extent not exceeding 30 percent per annum.” Article 2(3) of the same Act provides that “The portion exceeding the maximum interest rate under paragraph (1) as an interest under a contract shall be null and void.” Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) provides that “The maximum interest rate under a contract for monetary lending under Article 2(1) of the Interest Limitation Act shall be 30 percent per annum.