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1. The Defendant shall pay to the Plaintiff KRW 58,320,00 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 16, 2015, the Defendant borrowed KRW 60 million from the Plaintiff as of June 16, 2015 by setting the interest rate of KRW 2.8% per annum (33.6% per annum, advance payment) and the due date as of September 15, 2015.
B. On June 16, 2015, the Defendant paid 1.68 million won (60 million won x 2.8%) to the Plaintiff by July 15, 2015. On July 16, 2015, the Defendant paid 1.68 million won (60 million won x 2.8%) to the Plaintiff by July 16, 2015.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. According to the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for monetary lending is 25% per annum.
In addition, a contractual interest exceeding the above maximum interest rate is null and void, and where an obligor has voluntarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the original, and where the amount of deduction exceeds the amount calculated according to the above maximum interest rate by making the amount of deduction as the principal actually received by an obligor in advance and making the amount of deduction as the principal (see Supreme Court Decision 2012Da55198, Oct. 11, 2012). B.
According to the facts found above, among the 1.68 million won that the Defendant paid to the Plaintiff as the interest on June 16, 2015, the interest amount of KRW 1,195,082 shall be appropriated for the interest rate of KRW 1,195,082 ( KRW 60 million - 1.688 million) with the rate of KRW 25% per annum, which is the highest interest rate under the Interest Limitation Act on June 16, 2015, at the rate of KRW 1,195,082 ( KRW 5,8320 x 30 days ± 366 days x 25%). ② The Defendant is obligated to pay the Plaintiff damages for delay with the rate of KRW 6,80,00 ( KRW 1,680,00 - 1,195,082) with the original amount, and the Defendant shall pay the Plaintiff damages for delay with the rate of KRW 1,501,2005.8
However, the defendant, on July 16, 2015, has interest again to the plaintiff 1680,000 won.