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1. The defendant shall pay 24,675,000 won to the plaintiff and 30% per annum from October 26, 2010 to the day of complete payment.
Reasons
1. On August 26, 2010, the Plaintiff lent 25 million won to the Defendant at 36% per annum on August 26, 2010, and paid 23.5 million won remaining after deducting the total of 1.5 million won per annum.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, purport of whole pleadings
2. According to the above facts of recognition on the market, the defendant is obligated to pay the above loans and interest or delay damages to the plaintiff.
However, according to Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); Article 3 of the former Interest Limitation Act; Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the current Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 25, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 25, 2014) provides that the former Interest Limitation Act shall apply for the first time.
The maximum interest rate under the contract for lending and borrowing of money is 30% per annum and the interest under the contract exceeds the above maximum interest rate is null and void. If the debtor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated to the original, and in such case, the interest corresponding to the interest exceeding the restricted interest rate shall be deducted from the leased principal and the balance shall be deemed to be
In accordance with the above legal principles, the instant case was actually conducted by the Health Board and the Defendant.