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1. The Defendant shall pay to the Plaintiff KRW 56,311,476 and the interest rate of KRW 15% per annum from May 22, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On November 29, 2011, the Plaintiff prepared a loan certificate between the Defendant and the Defendant, and on the same day, the Defendant paid KRW 100 million to the Plaintiff.
Creditor: The Obligor: The Plaintiff’s above-mentioned is borrowed as follows:
C. The creditors agree to lend KRW 100 million to the debtor under the name of the debtor's business fund from November 29, 201 to January 15, 2012, and the repayment date will include the principal of KRW 100 million on January 15, 201, and KRW 120 million on a day including the interest of KRW 20 million on January 15, 201, and the interest of KRW 40 million on March 15, 2012.
B. On January 12, 2012, the Plaintiff repaid each of the Defendant KRW 20 million, and KRW 40 million on May 10, 2012, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 8, purport of whole pleadings
2. Determination
A. According to Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate on cash lending contract is 30% per annum, and the portion exceeding the above maximum interest rate is null and void. If the obligor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the original, and if the original is extinguished, the return may be claimed.
B. However, until January 12, 2012, the interest rate of 30% is calculated on the basis of the above maximum interest rate of 3,688,524 won (i.e., KRW 100,000 x 45 days/366 days x 30% x less than won), which is more than 16,311,476 won (i.e., KRW 20 million - KRW 3,68,524) and interest of KRW 40,000 additionally repaid to the Defendant, and thus, the Plaintiff may claim the return of the interest rate of KRW 3,68,524.
C. Therefore, barring any special circumstance, the Defendant: (i) KRW 56,311,476 (i.e., KRW 16,311,476; (ii) and the following day after the delivery date of a copy of the instant complaint, to the Plaintiff, barring any special circumstance.