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(영문) 광주고등법원 2020.01.17 2018나21226
부당이득금
Text

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. Facts of recognition;

A. The Plaintiff borrowed a high interest from the Defendant while selling urban village at Yangyang-si, and repaid it. The Defendant is a person who received money from the Plaintiff as a non-registered credit service provider after lending the money to the Plaintiff.

B. From March 23, 2015 to May 30, 2016, the Plaintiff agreed to pay a sum of KRW 541,70,000,00 as indicated below, by adding the principal and interest at intervals of five (5), fifteen (15), thirty (30), or forty (45) days, the amount exceeding twenty (25) percent per annum to the borrowed amount.

[In cases where interest exceeding the Interest Limitation Act is deducted as prior interest, only the amount actually received shall be the leased principal up to the due date of payment for that amount. Loan for consumption with respect to the difference between this amount and the agreed amount is null and void (see, e.g., Supreme Court Decision 93Da23459, Nov. 23, 1993). Accordingly, the leased principal under the above legal doctrine is an amount less than the agreed principal stated below. However, even if interest is calculated with the agreed principal as it is, the amount exceeding the reasonable interest within the scope of the Interest Limitation Act exceeds 00, 100, 200, 300, 100, 100, 205, 100, 1005, 100, 100, 1005, 100, 100, 205, 205, 200, 2005, 105, 2005, 2005, 1005, 100

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