차용금
1. The Defendant: (a) KRW 130,00,000 for the Plaintiff and 20% per annum from September 20, 2015 to September 30, 2015; and (b) the Plaintiff.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the defendant acknowledged that he borrowed KRW 130,000,000 from the plaintiff on November 25, 2009, and prepared a loan certificate to the plaintiff that he/she promised to repay three months after the date of release, and the defendant discharged him/her at the beginning of the year 2014.
According to the above facts, the defendant is obligated to pay the above loan amount of KRW 130,000,000 to the plaintiff, unless there are special circumstances.
2. The defendant's defense to the effect that he/she paid the above loan and agreed not to hold the plaintiff liable for civil or criminal liability, but there is no evidence to acknowledge it. Thus, the defendant's defense is without merit.
3. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 130,00,000 and damages for delay at each rate of KRW 20% per annum from September 20, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff after the due date, and KRW 15% per annum from the next day to the day of full payment.
[On the other hand, the Plaintiff claimed damages for delay at the rate of 20% per annum from September 20, 2015 to the date of full payment. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015 and enforced October 1, 2015) and Article 2(2) of the Addenda of the same Act, which exceeds the rate of 15% per annum from the claim for damages for delay under this part, is dismissed.