대여금
1. The Defendant shall pay to the Plaintiff KRW 35,071,748 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.
According to the purport of Gap evidence Nos. 1 through 41 and the whole pleadings, the plaintiff did not pay to the defendant KRW 3,00,000,000 on February 11, 2015, KRW 5,000,000 on February 17, 2015, KRW 10,000 on March 23, 2015, KRW 8,000,000 on March 24, 2015, KRW 6,000 on March 25, 2015, KRW 30,00 on July 14, 2015, KRW 30,00 on July 31, 2015, KRW 30,00 on July 31, 200, KRW 350 on July 31, 200, KRW 3500 on July 31, 200, and KRW 5081 on May 24, 2015.
According to the facts found above, the defendant is obligated to pay to the plaintiff 34,50,000 won and the total of the above interest 3,396,529 won less the total of 2,824,781 won and the total of 35,748 won and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 12, 2015 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served to the defendant.
(1) The Plaintiff’s claim in this case is accepted on the ground that: (a) KRW 3,90,00,000 paid to the Plaintiff by the Defendant on November 1, 2015; and (b) KRW 1,165,219,00 paid by the Plaintiff on November 17, 2015 to KRW 1,165,219; and (c) the remainder of KRW 2,824,781 was deducted from KRW 3,396,529,00 in total of the Plaintiff’s interest paid by the Defendant on November 17, 2015.