대여금
1. The Defendant shall pay 17,500,000 won to the Plaintiff and 24% per annum from February 1, 2015 to the day of complete payment.
1. In full view of the purport of the entire arguments in the evidence Nos. 1, 2, 3, and 7 of the judgment on the cause of the claim, the Plaintiff and the Defendant concluded on January 1, 2015, that the Plaintiff and the Defendant settled accounts for the transaction relations during the pertinent period and repaid KRW 17,500,000 by the end of December 2015, but shall pay interest at 2% per month.
According to the facts of recognition, the defendant is obligated to pay to the plaintiff 17,500,000 won and 24% interest per annum from February 1, 2015 to the date of full payment, as the plaintiff seeks.
The Plaintiff asserted on January 6, 2015 that the Defendant should return 750,000 won paid as the fraternity to the Defendant as unjust enrichment. However, the evidence alone, which was submitted, is insufficient to recognize that the Defendant made unjust enrichment of KRW 750,00,00, and there is no other evidence to acknowledge this otherwise.
2. First of all, the defendant's defense is a defense that the loan certificate of this case is invalid or cancelled because the defendant's declaration of intention was made by mistake of the defendant who was unaware of the violation of the law on the restriction of interest.
Defendant submitted
5. In light of the contents of the written reply of 18.18. (The purport that the plaintiff would be accused of an illegal high interest rate business if the defendant's family members continue to pay high interest), etc., it is insufficient to recognize the defendant's act of drawing up the loan certificate as invalid by the plaintiff's coercion or as the defendant's expression of intent by mistake, and there is no other evidence to acknowledge this differently.
Next, the defendant asserts that from January 27, 2014 to December 25, 2014, the defendant repaid the amount of KRW 81,300,000, and the amount of KRW 300,000 on February 2, 2015 to fully repay the defendant's obligations.
However, the repayment by December 25, 2014 cannot be deemed as the repayment of money pursuant to the loan certificate of this case due to the details of transactions prior to the preparation and transfer of the loan certificate of this case. 300,000 won paid on February 2, 2015 is 350,000 won (=17,500,000 won x 2/100).