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서울중앙지방법원 2014.02.07 2013가합9869 (1)
부당이득금반환
Text

1. On November 20, 2009, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 60,000,000 and KRW 50,000 among them.

Reasons

1. Basic facts

A. The Defendant, around December 2008, lent to the Plaintiff funds, such as C, D, and E, investors, or Defendant’s personal funds, from March 2009, as credit service providers that completed the registration of credit business.

B. The Plaintiff failed to repay the above borrowed amount, and the Defendant repaid the amount of KRW 10 million to investors in C, etc.

C. On November 20, 2009, the Plaintiff settled the amount of 50 million won that the Defendant loaned to the Plaintiff with its own funds. The Plaintiff’s repayment period is November 19, 2010 when the Plaintiff paid the above 50 million won to the Defendant, and the interest rate is 3% per annum, and the interest rate is 12% per annum in the loan transaction contract with the certificate No. 5, but the interest rate is 12% per annum. However, it is a general practice in the transaction system to set the interest rate higher than the interest rate, and it is deemed that the notarial deed prepared thereafter is also prepared on this premise. Thus, it is reasonable to deem that the delay rate was set at the interest rate per annum 12% per annum.

Meanwhile, according to the former Act on Registration of Credit Business, etc. and Protection of Finance Users, which was in force on November 25, 2009, and the Enforcement Decree of the same Act, the maximum interest rate that a credit service provider may receive through loan acts is 49% per annum. A loan transaction agreement was concluded with the purport that the Plaintiff’s husband, who was the husband, is a joint and several surety (hereinafter “instant loan agreement”).

The Defendant, around November 25, 2009, issued a power of attorney for the preparation of authentic deeds by the Plaintiff, and repaid by the Defendant, to secure loans under the instant loan agreement, the Plaintiff’s loan interest amounting to KRW 80 million from the Defendant on November 26, 2009 (i.e., principal amount of KRW 50 million) is KRW 68 million (i.e., interest rate of KRW 18 million). The Defendant determined that KRW 10 million paid by the Lessee as above was KRW 80 million, taking into account the Plaintiff’s repayment of KRW 10 million and damages for delay.

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