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1. Defendant B’s KRW 119,355,701 as well as 20% per annum from October 23, 2014 to September 30, 2015 to the Plaintiff.
Reasons
1. The Plaintiff, around April 26, 2013, borrowed money to Defendant B, and Defendant B loaned KRW 5,000,000 to the Plaintiff, and Defendant B paid KRW 4,50,000,000, deducting 10% of interest from interest, and paid 10% of interest per ten days.
From that time to July 28, 2014, the Plaintiff borrowed total of KRW 69,800,000,000, which deducts interest from Defendant B by using its own account, Plaintiff’s ancillary D, and E’s account, and deposited KRW 838,200,000 as the principal and interest payment from May 2, 2013 to September 5, 2014.
The detailed details are as indicated in the attached Table 2, and the Plaintiff received each “amount of prepaid interest deducted” on the date of borrowing from Defendant B, and repaid each “amount of repayment (including prepaid interest)” on the last day of each borrowing period.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 6, 7, 9 (including paper numbers) and Eul evidence Nos. 2 through 7, the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. (i) In the course of borrowing money from Defendant B, Defendant B paid the loan after deducting interest from the Plaintiff at a rate exceeding 30% per annum, which is the highest interest rate under the Interest Limitation Act. The Plaintiff accordingly repaid interest exceeding the highest interest rate under the Interest Limitation Act. The Defendant B is obligated to return it as unjust enrichment.
Seedic Decision 1 Prior to the amendment by Act No. 1227, Jan. 14, 2014
In light of the provisions on maximum interest rate under Article 2(1) and (3), and Article 3 of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under a contract for lending and borrowing of money is 30% per annum, and the contractual interest rate exceeds the maximum interest rate.