대여금등
The defendant shall pay to the plaintiff KRW 111,834,853 as well as KRW 95,748,00 among them, from April 28, 2020 to the day of full payment.
Comprehensively taking account of the purport of the entire pleadings as to the evidence Nos. 1-1 through 2-2 of the evidence No. 1-2, the Plaintiff lent money to the Defendant as shown in the Reasons for Claim No. 1, and the sum of the principal and interest on the obligation remaining as of April 27, 2020 due to the Defendant’s non-payment of that amount is KRW 111,834,853 (= principal principal KRW 95,748,00, KRW 16,086,853). The overdue interest rate agreed upon by the Plaintiff and the Defendant is 11% per annum.
On the other hand, the defendant concluded a sales contract with hotel because it belongs to the sales advertisement of C Co., Ltd., and received a loan from the plaintiff and paid the intermediate payment. Since the above sales contract was terminated, it asserts that the loan agreement of this case which was concluded in combination with it should be deemed to have been terminated, the plaintiff's claim cannot be accepted.
However, since there is no evidence to prove that the above sales contract and the loan agreement of this case are indivisible, the defendant's assertion is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff 11,834,853 won and the principal amount of KRW 95,748,00,000, the interest rate of KRW 11% per annum from April 28, 2020, which is the following day for calculating the interest.
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.