채무부존재확인
1. On March 24, 2016, prepared between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) based on their respective performance certificates.
The main lawsuit and counterclaim are also examined.
1. The parties' assertion
A. On March 21, 2016, the Plaintiff drafted a written performance statement stating that “The Plaintiff shall pay KRW 400,000,000,000,000 to the Defendant, including the principal and interest of KRW 200,000,00,000, and the profits from the business, to be constructed on each of the land listed in the separate sheet (hereinafter “each of the instant real estate”) on the ground of the Defendant’s land indicated in the separate sheet (hereinafter “each of the instant real estate”). On March 24, 2016, the Plaintiff and the Defendant prepared a written performance statement stating that “The Plaintiff shall pay KRW 400,00,000,000, in total, to the Defendant by June 30, 2016” (hereinafter “each of the instant documents”).
Therefore, the meaning of the above agreement is not to pay the agreed amount of KRW 200,000,000, not to pay the interest and the business profit separately. The plaintiff is obligated to pay only the interest of 5% per annum under the Civil Act since there was no agreement between the defendant and the defendant on the interest rate. In addition, the plaintiff did not have any business profit at all, so there is no obligation to pay the profit.
Therefore, pursuant to the letter of this case, the Plaintiff is obligated to pay only the principal amount of KRW 200,000,000 and 5% interest per annum thereof to the Defendant, and there is no obligation exceeding this.
B. The gist of the defendant's assertion (Counterclaim) is selected, since the plaintiff agreed to pay KRW 400,000,000 to the defendant through the letter of this case, the plaintiff is obligated to pay KRW 400,000 to the defendant according to the letter of this case, or the plaintiff agreed to pay KRW 200,000,000 to the defendant through the letter of this case and the interest amount of KRW 200,000,000 to the defendant. Since this exceeds the highest interest rate under the Interest Limitation Act, the plaintiff is obligated to pay to the defendant the loan amount of KRW 200,000,000 and interest calculated at the highest interest rate under the Interest Limitation Act.
2. Each written determination of this case is as follows: “The Plaintiff’s KRW 200,000,000 of the principal and interest of the loan and the total of the above-mentioned profits shall be KRW 400,000,000 on June 30, 2016.