Mr. A, a man in his 30s, borrowed money urgently from an illegal loan company, was forced to pay interest of 36,000% per year, and suffered from illegal collection by having nude photos distributed to his family and acquaintances. With support from the Financial Supervisory Service and the Legal Aid Corporation, Mr. A filed a lawsuit against the illegal loan shark for confirmation of invalidity of the loan contract and compensation, and received a settlement just before the first trial verdict.
According to the Financial Supervisory Service on the 27th, Mr. A was sentenced in the first trial (on the 28th) in relation to a lawsuit seeking payment of a total of 37.5 million won, including confirmation of invalidity of the loan contract filed against an illegal loan company, payment of previously paid principal and interest, and compensation for illegal collection activities. It was decided to withdraw the lawsuit after receiving the settlement a day earlier. This lawsuit is the first to be concluded among 9 lawsuits to invalidate anti-social illegal loan contracts supported by the Financial Supervisory Service and the Korea Rescue Corporation.
Starting in August 2022, Mr. A borrowed a total of 10 million won from three illegal loan sharks several times, received illegal collections for 5 to 30 days, and repaid a total of 30 million won, equivalent to 600 to 36,000% per year. were forced to pay interest amounting to During the collection process, Mr. A suffered from continuous threats using contact information and nude photos of family and acquaintances provided as collateral for repayment.
With guidance from the Financial Supervisory Service, Mr. A requested litigation support from the Legal Aid Corporation and filed a lawsuit on June 27. The three illegal loan sharks for whom Mr. A filed the lawsuit were each in charge of raising funds, settling and distributing loan proceeds, and withdrawing loan proceeds in cash, and systematically ran the illegal loan business.
They gave small loans, such as 200,000 to 300,000 won, to debtors who contacted them after seeing advertisements on social networking services (SNS), and then received loan interest of about 100,000 won during the one-week repayment period. If the repayment period was exceeded, overdue interest of 30,000 to 50,000 won per day was charged.
The Financial Supervisory Service and the Legal Aid Corporation argued in two arguments in October and November last year that the loan contract with the illegal private finance company that Mr. Based on the fact that the motive to commit the crime of illegal collection by obtaining contact information and obtaining nude photos as collateral for repayment was indicated, the legal principle of Article 103 of the Civil Act was applied to actively defend the case. There was no counterargument from the defendant.
According to Article 103 of the Civil Code, legal acts involving matters that violate good morals and other social order are invalid. Accordingly, the Financial Supervisory Service explained that the court’s decision was scheduled to be made without dispute over the facts at the time of sentencing in the first trial due to the confession being considered due to the defendant’s non-appearance.
An official from the Financial Supervisory Service said, “We will actively provide support to achieve meaningful results in the remaining lawsuits currently in progress, and we plan to continue to cooperate with prosecutors and police to identify additional cases of damage and expand invalidation lawsuits.”
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Reporter Shin Moo-kyung [email protected]
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