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1. Defendant B’s KRW 37,875,885 as well as 5% per annum from October 14, 2016 to October 10, 2017 to the Plaintiff.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. The Plaintiff asserted that, on September 28, 2010, the interest rate of 10% per month and the due date of repayment of KRW 50 million were set on September 28, 201, and that, on October 28, 2011, Defendant B, while recognizing the above loan, he claimed that the Plaintiff repaid each of the above amounts of KRW 50 million on October 28, 2010, KRW 500,500,500 on November 28, 201, and KRW 5 million on December 28, 2012.
On the other hand, the Plaintiff recognized that he received the above money as interest from Defendant B.
B. The provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376) provides that the maximum interest rate under the contract for lending and borrowing of money under Article 2(1) of the Interest Limitation Act shall be 25% per annum.
Therefore, interest paid in excess of the above maximum interest rate is null and void.
(1) On October 28, 2010, KRW 1,041,66 per annum of KRW 25% per annum under the above Interest Limitation Act (i.e., KRW 50 million ± 25% per annum ± 12 months per annum; hereinafter referred to as a small number of households) shall be appropriated for the repayment of interest for one month from September 28, 2010 to October 27, 201, KRW 3,958,34 (=5,000 - KRW 1,041,00 -60,000 per annum of KRW 208,000, KRW 265,000 per annum of KRW 20,000 per annum of KRW 46,000 per annum of KRW 965,00 per annum of KRW 56,60,000 per annum of KRW 965,00 per annum of KRW 20,5305,00 per annum of these principal.