대여금
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from June 28, 2014 to the day of full payment.
1. The fact that the Plaintiff loaned 260 million won to the Defendant from January 25, 2009 to January 18, 2011, setting the interest rate of 30% per annum, does not conflict between the parties.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40 million won in the balance of the above loan principal and damages for delay calculated at the rate of 20% per annum from June 28, 2014 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case to the defendant, as requested by the plaintiff, unless there are other special circumstances.
2. Judgment on the defendant's defense
A. The gist of the parties’ assertion was as follows: (a) the Defendant withdrawn the allegation that the Defendant violated the Interest Limitation Act; and (b) accordingly, the details of the settlement attached to the briefs dated November 14, 2014 are followed.
As above, it is a defense that he/she paid money in excess of the principal and interest of the loan from January 25, 2009 to October 28, 2013.
As to this, the Plaintiff, among the details of the attached settlement, appropriated the remaining principal and interest as the Defendant’s defense. However, the Plaintiff did not receive a total of KRW 1 million on August 27, 201, and KRW 40 million on April 20, 201, and KRW 40 million on April 20, 201, and KRW 630,000 on July 11, 2009; ② KRW 1750,000 on March 17, 2012; KRW 500,000 on April 24, 2012; KRW 323,000 on October 28, 2013, but should be appropriated for the interest.
B. In short, even if the Plaintiff appropriated the remainder of the loan principal and interest as the Plaintiff used to repay the loan principal and interest, it is apparent that the balance of the loan principal and interest is equal to or more than the amount the Plaintiff seeks, and thus, it should be recognized that the money alleged by the Plaintiff was appropriated as the Defendant’s defense for the ground of the Defendant’s defense of repayment.
Therefore, I first examine that the Defendant repaid the Plaintiff KRW 40 million as stated in the above paragraph (1).
The Defendant paid 10 million won each to the Plaintiff on August 27, 2010 and November 17, 2011.