대여금
1. The defendant shall pay 92,300,000 won to the plaintiff and 3.5% per annum from June 4, 2020 to the day of complete payment.
1. Comprehensively taking account of the overall purport of the pleadings by Gap 1 and 2 as to the cause of the claim, the defendant, on February 15, 2015, entered into an agreement with the plaintiff on February 28, 2025, stating that "one million won or more shall be repaid until February 28, 2025, and the principal shall be repaid at least ten million won per year, and the interest calculated at the rate of 3.5% per annum shall be paid at the end of each month, and if the payment of interest is in arrears on three or more occasions, the payment of interest shall lose the benefit due to the principal," and the defendant shall not pay the principal and interest after July 6, 2018.
Meanwhile, the Plaintiff is a person who received reimbursement of KRW 21,600,000 from the Defendant.
According to the above facts, since the defendant has lost the interest payment period by delinquency three times or more, the defendant is obligated to pay to the plaintiff the amount of delayed damages calculated at the rate of 3.5% per annum, which is the agreed interest rate from June 4, 2020 to the day of full payment after the delivery of the original copy of the instant payment order, as sought by the plaintiff.
2. On April 18, 2016, the Defendant agreed that the principal shall be reduced to KRW 50 million between the Plaintiff and the Plaintiff on April 18, 2016, and the interest rate shall be changed to interest-free. After doing so, the Defendant asserts that the remainder of the loan is not more than KRW 40,400,000,000, but there is no evidence to acknowledge the above assertion. Accordingly, the above assertion is rejected.
3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.