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1. On the Plaintiff (Counterclaim Defendant),
A. As to Defendant B’s KRW 232,320,540 and KRW 100,000 among them, Defendant B shall have the effect on December 22, 2015.
Reasons
1. Basic facts
A. From December 7, 2009, the Plaintiff borrowed money from the Defendants, repaid part of the principal and interest of the borrowed money, and again borrowed money.
B. The details of loans and loans between the Plaintiff and the Defendant B are as shown in the corresponding column of unjust enrichment set forth in attached Table 1, and the details of loans and loans between the Plaintiff and the Defendant C are as shown in the corresponding column of unjust enrichment set forth in attached Table 2. The details of loans and loans between the Plaintiff and the Defendant D are as listed in the corresponding column of unjust enrichment set forth in attached Table 3.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 8 (including each number), witness E's testimony, the purport of the whole pleadings
2. Defendant B asserted to the effect that Defendant B agreed to file a lawsuit on the amount borrowed from Defendant B, which the Plaintiff would not bring a lawsuit.
However, there is not any evidence that Eul's statement of No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
Defendant B’s main defense is without merit.
3. Judgment on the plaintiff's main claim
A. Of the interest rates under a contract for the repayment of excess interest of the Defendants, the part exceeding the maximum interest rate under the Interest Limitation Act is null and void. Where the obligor has voluntarily paid the interest exceeding the maximum interest rate, the interest paid in excess shall be appropriated for the principal, and where the original is extinguished, the repayment may be sought.
(The maximum interest rate under Article 2(1), (3), and (4) of the Interest Limitation Act is 30% per annum from June 30, 2007 to July 14, 2014 (Article 2(1) of the former 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, Jul. 15, 2014);
Interest Limitation Act and Article 2 (1) of the Interest Limitation Act concerning the maximum interest rate.