대여금
1. The Defendant’s KRW 150,000,000 and the Plaintiff’s annual rate of KRW 5% from September 1, 2009 to May 29, 2015.
1. The plaintiff, on April 30, 200, lent interest of KRW 150,00,000 to the defendant and without a due date agreement (hereinafter "the loan of this case"), and on August 28, 2009, agreed on August 31, 2009 with the defendant for the repayment period of the loan of this case. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 150,000,000 and its payment period from September 1, 2009 to May 29, 2015, the delivery date of a copy of the complaint of this case from September 1, 2009 to May 29, 2015, the amount of KRW 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to September 30, 2015.
(1) The Plaintiff is entitled to pay damages for delay at the rate of 20% per annum from the day after the duplicate of the instant complaint is served to the day of complete payment. However, the statutory interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended on September 25, 2015 and entered into force on October 1, 2015, and the annual interest rate of 15% per annum from October 1, 2015 is applied in cases where pleadings are concluded after October 1, 2015. Thus, the Plaintiff’s assertion regarding the Defendant’s defense is without merit).
According to the evidence evidence No. 1, the defendant paid KRW 170,000,00 to C on May 4, 2010, but it is not enough to recognize that the above facts and the evidence submitted by the defendant alone were paid KRW 170,00,00 as the repayment of the loan and interest of this case, and it can be recognized differently.