대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 7, the fact that the defendant extended KRW 78,00,000 from the plaintiff around April 16, 2012 to 36 months (the extension to 85 months thereafter), overdue interest rate of KRW 28.9% per annum (hereinafter "the obligation of the loan of this case"), and the defendant lost its profits due to delay in payment of principal and interest from January 20, 2015, and as of August 9, 2017, the defendant lost its profits due to delay in payment of principal and interest of KRW 119,301,732 (such as principal, KRW 67,74,850, interest rate of KRW 51,526,882).
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 28.9% per annum from August 10, 2017 to the date of full payment of the principal amount of KRW 119,301,732 and KRW 67,774,850, whichever is the principal.
2. Judgment on the defendant's assertion
A. On June 18, 2015, the Defendant asserts to the effect that the obligation of the instant loan was extinguished, since the Defendant agreed to pay in kind the debt group including the Plaintiff and the existing debt at one million tons of unpaid coal.
In full view of the written evidence Nos. 1, 2, and 7, the purport of the entire pleadings is as follows: (a) around June 18, 2015, the representative of the bond group, etc. agreed with the Defendant to pay in full the debt to the creditors attached with the attached one million tons of bitomomomomomom, and (b) made a payment contract on the amount of debt (hereinafter “instant payment agreement”); (c) The instant payment agreement states that “the representative of the bond group, etc. shall pay an amount in proportion to the ratio of the debt amount to the creditor’s debt amount attached to the remaining net profit after selling bitomom, and the creditor who signed and sealed the attached list shall give consent to the above contents; (d) the Plaintiff is a creditor on the status of debt attached to the instant payment agreement; and (e) the Plaintiff’s signing and sealing around November 26, 2015.