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1. The defendant shall pay to the plaintiff the amount of KRW 37,458,963 and KRW 36,993,418 from April 11, 2017 to the date of full payment.
Reasons
Facts of recognition
From around 2012, the Plaintiff lent money to the Defendant several times, and the Defendant repeated to borrow money again after partial repayment.
As of April 20, 2015, the principal of the above loan was KRW 46 million, and the defendant agreed to pay to the plaintiff 36% interest per annum on the principal.
[Based on the facts without dispute, Gap evidence 1-1, Gap evidence 1-2, and Eul evidence 2, and the purport of the whole pleadings, the defendant shall be deemed to have received a claim for performance by delivery of a copy of the complaint of this case. Thus, the defendant shall be liable to pay damages for delay calculated at the rate of 15% per annum to the plaintiff within the scope of the above agreed interest rate, as requested by the plaintiff, unless there are special circumstances.
In this regard, the defendant asserts that the above amount was appropriated for repayment of the principal of the loan claim by the plaintiff, since the defendant paid interest exceeding the Interest Limitation Act with respect to the above 46 million won.
In full view of the purport of the entire pleadings in the statement in subparagraph 1-1 through 7 of the evidence No. 1-7, the defendant can be found to have paid interest on the above loan to the plaintiff as shown in the attached Table No. 1.
The interest agreement between the Plaintiff and the Defendant is in excess of 25% per annum as stipulated in Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) and the excess is null and void. As such, the portion repaid by the Defendant in excess of lawful interest is appropriated for the principal of the loan.
Article 479 (1) of the Civil Code provides that when a debtor pays expenses and interest of one or more obligations, if a person performing performance has effected performance which has failed to extinguish the whole obligation, such performance shall be appropriated in the order of the expenses, interest and principal.
Accordingly, it shall be calculated in attached Form.