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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Determination as to the cause of claim
A. On April 28, 2010, the Plaintiff received 2,100,000 won after deducting 90,000,000 won from the advance interest and commission from May 7, 2010 to June 30, 2010, and paid 60,600,000 won in total on six occasions each by the Defendant, a credit service provider, on April 28, 2010.
B) On July 1, 2010, the Plaintiff borrowed KRW 3,000,000 from the Defendant, a credit service provider, as of August 31, 2010, and received KRW 2,100,000 after deducting KRW 900,000 from the advance interest and fees, and paid KRW 600,000 each six times from July 7, 2010 to August 31, 2010 (C) the Plaintiff received KRW 3,60,000,000 in total from the Defendant, a credit service provider, as of September 20, 201, after deducting KRW 90,000 from the advance interest and fees until October 29, 200, the Plaintiff received KRW 3,00,000 from the Defendant, a total of KRW 3,00,000,000 from the October 30, 206, 2006.
[Grounds for recognition] In light of the facts without dispute, Gap 1, 2, 9, and 11 evidence, and the purport of the whole pleadings, the judgment is as follows: (a) Article 8 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply) and Article 5 of the former Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Presidential Decree No. 22991, Jun. 27, 2011), where a credit service provider lends a loan to an individual, the interest rate shall not exceed 44% per annum; and (b) if a credit service provider deducts the advance interest in advance, the amount actually received by the debtor, excluding the amount deducted, and the amount equivalent to the interest paid by the debtor to the credit service provider, if the debtor has paid the interest exceeding the limited interest rate, shall be appropriated for the principal.