대여금
1. The Defendant’s KRW 52,811,573 as well as its 5% per annum from May 9, 2020 to June 18, 2020, and June 19, 2020 to the Plaintiff.
The Plaintiff seeks reimbursement of KRW 58,411,573 as well as damages for delay, after deducting KRW 20 million paid by the Defendant from the aggregate of KRW 66,00,000 and KRW 12,411,573 as loans owed by the Defendant.
① The Plaintiff loaned KRW 66 million to the Defendant from November 10, 2010 to September 1, 2016; ② the Defendant agreed to pay the Plaintiff the interest rate on the Plaintiff’s financial institution; ② the total amount was 12,411,573; ③ the Defendant paid the Plaintiff the interest rate on the loan; ③ the amount was 2,00,000 won to the Plaintiff on February 25, 2020; and the amount was 5,60,000 won as interest from May 2, 2018 to May 4, 2020.
Therefore, the Defendant is obligated to pay damages for delay calculated at each rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 9, 2020 to June 18, 2020, as the Plaintiff seeks, from May 18, 2020, which is the day following the delivery date of a copy of the complaint of this case, to the day following the date of the decision of this case, the Defendant’s objection is reasonable, as the sum of the loans and loans that the Defendant did not pay to the Plaintiff = (a total of KRW 12,411,573,000,000,000,000) - KRW 20,000,0000,000, and as the Plaintiff seeks, from June 19, 2020 to the day of full payment.
(2) The plaintiff's claim in excess of the above shall be without merit.