대여금
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from April 23, 2016 to the date of complete payment.
1. Facts of recognition;
A. The Plaintiff made a monetary loan transaction with the Defendant for a considerable period of time, and during that period, the principal of the loan was KRW 70 million, and the interest accrued therefrom was also KRW 30 million.
B. In relation to the above lending and borrowing transaction, the defendant prepared a total of KRW 100 million loan certificate to the plaintiff as follows.
The amount of gold as of October 7, 2009 due date shall be KRW 20,000,000 per month 2 million on May 25, 2010, KRW 1 million on August 3, 2010, KRW 400,000 on June 3, 2010, KRW 400,000 on March 8, 201.
C. The Defendant repaid KRW 10 million out of the borrowed money of KRW 20 million above 20 million.
[Ground of recognition] Unsatisfy, Gap 1-1-1-1-1-1- and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that both parties asserted that the balance of principal out of the balance of KRW 90 million in the above loan certificate is KRW 60 million and the remainder is unpaid interest, and that the defendant claims payment of KRW 50 million in the loan remaining after being appropriated for part of the above interest amount of KRW 30 million and the principal amount of KRW 40 million and damages for delay. The defendant has remitted the amount of KRW 50 million in total to the plaintiff during that period, so the above payment should be reflected in the claim amount.
B. In light of the above facts, the Defendant’s total amount of KRW 100 million, and the Defendant’s remaining principal of KRW 10 million, out of the principal, did not dispute the Plaintiff’s transfer to the Plaintiff of the total amount of KRW 50 million. In light of the above facts, the Defendant’s transfer of KRW 50 million to the Plaintiff, excluding the amount used to repay the principal amount of KRW 10 million as seen above, was deemed to have been appropriated for part of the interest accrued at KRW 30 million and the principal amount of KRW 40 million. The Defendant’s last loan certificate was issued on March 8, 201, and thus, the Defendant’s transfer of KRW 50 million to the Plaintiff.