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1. The Defendant’s KRW 46,770,332 and KRW 36,770,332 among them shall be 24% per annum from September 17, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff agreed to lend D, which engages in wholesale and retail business of fishery products, with the purchase fund of fishery products, KRW 20 million on January 26, 2015 (interest 3%), KRW 10 million on March 18, 2015 (interest 3% on March 18, 2015), KRW 10 million on May 13, 2015 (interest 3% on May 13, 2015), and KRW 10 million on July 16, 2015 (interest 10 million on July 16, 2015). The Plaintiff and D agreed to change the interest rate on loans around January 26, 2015, March 18, 2015, and May 13, 2015.
B. D. Interest on the Plaintiff’s loan of KRW 20 million on January 26, 2015 and the same year as interest on February 27, 2015
3.28.28. The same year;
4.20. 20. 20. The same year
5.26. 26. The same year;
6. Each of 27. 6 million won was paid. Since the interest rate paid by D exceeds 25% per annum of the maximum interest rate under the Interest Limitation Act, loans extended on January 26, 2015 as of June 27, 2015 remains as principal amounting to KRW 19,051,319 as of January 27, 2015.
(However, the plaintiff asserts that the plaintiff remains 19,044,332 won, and therefore the plaintiff's argument is followed).
D The interest rate of KRW 10 million on March 18, 2015 to the Plaintiff is the same year from May 18, 2015.
7. By July 29, 200, a sum of KRW 2,774,00 per day. Since the above agreement that D paid exceeds 25% per annum under the Interest Limitation Act, it should be appropriated for the principal of the interest exceeding the limit, the Plaintiff himself must appropriate only 500,000 won within the maximum interest rate under the Interest Limitation Act to the interest, and the remainder should be appropriated for the principal. As such, the loan of March 18, 2015 remains as principal amounting to KRW 7,726,00 (= KRW 10,000,000 - KRW 2,74,000) as of July 16, 2015.
D The interest on loans as of January 26, 2015, March 18, 2015, and May 13, 2015 to the Plaintiff, as of August 17, 2015, and the same year.
9. Each 16. 5 million won was paid by the Plaintiff on January 26, 2015, and the Plaintiff’s own use of the said money to the interest accrued until September 16, 2015 on the total amount of loans of 36,770,332 won as of March 18, 2015 and May 13, 2015.
D above 36,770,332 won