대여금 반환
1. The defendant shall pay to the plaintiff the amount of KRW 39,939,163 and KRW 24,778,485 among these amounts, from April 3, 2017 to the date of full payment.
1. In full view of the purport of the entire pleadings as to the grounds for the claims, the Plaintiff loaned KRW 10,00,000 on June 25, 2015, and KRW 30,000,00 on July 6, 2015, respectively, to the Plaintiff and the Defendant at the time of each of the above loans, the Plaintiff and the Defendant agreed to pay interest exceeding 25% per annum, which is the limit under the Interest Limitation Act, without interest agreement. The Plaintiff lent KRW 10,000,000 on January 16, 2016 without interest agreement. The Defendant is recognized to have paid the Plaintiff the amount “amount to be appropriated for performance” on the date of the “date of appropriation for performance” as indicated in the attached Table of appropriation for performance.
If the Defendant’s repayment was made by applying the rate of 25% per annum, which is the limit on the Interest Limitation Act, and the Defendant’s repayment was made to KRW 10,000,000 for loans on June 25, 2015, and KRW 30,000 for loans on July 6, 2015, it would be as indicated in the attached Table for Appropriation of Performance.
Therefore, the defendant is obligated to pay to the plaintiff 39,939,163 won (29,939,163 won) and 24,778,485 won (25% per annum from April 3, 2017 to the date of full payment, which is the day following the day of final payment, to the day of full payment. Of these, 10,000 won, and the amount of 10,000 won, which is the day following the day of delivery of a copy of the complaint of this case, to the defendant's objection to the scope of the obligation from February 28, 2018 to April 24, 2018, which is the day of the pronouncement of this case, 5% per annum and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.