The amount of principal claim in a case where the agreed interest exceeding the agreed interest rate prescribed in the Interest Limitation Act was first deducted and the remaining money was leased only;

In a monetary loan for consumption, the amount of the original claim where the lender deducts the agreed interest exceeding the agreed interest rate set forth in the Interest Limitation Act as the interest, and the amount of the original claim is the amount that the borrower receives by adding the interest rate set forth in the Interest Limitation Act.

Articles 598 and 600 of the Civil Code, Article 2 of the Interest Limitation Act

Plaintiff

Defendant

Seoul Central District Court (65 Ghana12882) in the first instance trial

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The defendant shall pay to the plaintiff 30 million won with an annual interest rate of 5 percent from October 24, 1965 to the full payment date.

The judgment that the lawsuit cost shall be borne by the defendant and the declaration of provisional execution are sought.

The defendant-appellant is revoked the original judgment. The plaintiff's claim is dismissed.

All court costs are assessed against the plaintiff in the first and second instances.

In full view of the contents of Gap evidence No. 1 and the testimony of non-party 1 and the purport of the parties' arguments, the plaintiff delivered 279,000 won on October 6, 1965 to the non-party 2 with interest rate of KRW 300,000 per month and due date of November 4, 1965 after deducting KRW 21,000 from the loan to the due date of payment to the due date. On the same day, the non-party issued 300,000 won at face value of the above non-party's issuance of the above debt security to the non-party 300,000 won, and the non-party 1 issued one check to the plaintiff on November 4, 1965, and the defendant refused to pay the above non-party's debt guarantee to the non-party 2, but the defendant refused to pay the above bank account transaction with the knowledge that it had been suspended.

However, in a monetary loan for consumption, if the lender deducts the interest rate from the loan and the interest rate exceeds the limit prescribed by the Interest Limitation Act, the establishment of the original claim amount should be recognized in light of the standard amount to be received. It is clear that the original claim amount in this case is KRW 287,370 (279,000 + 279,000) x 0.365 x 365 x 365). Therefore, the defendant received the above 287,370 won against the plaintiff and the above 36.5% interest rate under the Interest Limitation Act from November 5, 1965 to the above 36.5% from the above 36.

In other words, since the above check was issued as a collateral for the borrowed loan, it cannot be presented for payment prior to the due date, but since it was presented prior to the due date, it seems that the plaintiff cannot respond to the plaintiff's claim. Thus, the above dispute of the defendant is groundless since the date of presentation for the payment of the above check is October 23, 1965, and it is obvious under the Check Act that the above check can be presented for payment prior to the due date. However, it is obvious under the Check Act that the above check can be presented for payment prior to the due date, and since it is argued and proved that the above check was repaid until the due date of the borrowed loan, the above dispute of the defendant also is groundless.

Therefore, the plaintiff's claim of the principal lawsuit is justified within the above limit of recognition, and the remaining claims are reasonable. However, since the original judgment with the same conclusion is just and the defendant's appeal return to the same ground, the defendant's appeal is dismissed pursuant to Article 384 of the Civil Procedure Act. It is so decided as per Disposition by applying Articles 95 and 89 of the Civil Procedure Act with respect to the burden of appeal costs.

Judges Kim Byung-song (Presiding Judge)