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1. The defendant shall pay 73,875,000 won to the plaintiff and 30,000,000 won among them, from July 12, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 11, 201, C entered into a monetary loan agreement with the Defendant (hereinafter “instant loan”) with the effect that the Defendant would have leased KRW 30 million (hereinafter “instant loan”) at the maturity date on October 11, 201, monthly interest 2.5%, and interest payment date on October 10, 201 (hereinafter “instant contract”). At the time, C left the column for the lending of the said contract in order to pretend that the instant loan granted to the Defendant was lent from the credit service provider.
B. On April 20, 2016, C transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims by content-certified mail on May 9, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim KRW 30 million, interest or delay damages (=3,875,000 won x 2.5% per month x 58.5 months x 58.5 months) a sum of KRW 73,875,000, and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 12, 2016 to the date of full payment, as requested by the Plaintiff.
Meanwhile, according to Article 2(1) and (3) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, the maximum interest rate under contract for monetary lending shall not exceed 30% per annum from June 30, 2007 to July 14, 2014, and shall not exceed 25% per annum from July 15, 2014, and the portion exceeding the maximum interest rate shall be null and void. However, according to Article 2 of the Addenda to the Interest Limitation Act (Act No. 12227, Jan. 14, 2014), the maximum interest rate of 25% per annum shall be the first time after July 15, 2014.