대여금
1. The Defendant shall pay to the Plaintiff KRW 43,217,260 and the interest rate of KRW 24% per annum from October 1, 2017 to the day of complete payment.
Comprehensively taking account of the records of this case and the statements in Gap evidence Nos. 1 through 4, the fact that the plaintiff lent KRW 45,00,000 to the defendant who is a workplace commercial employee on August 31, 2016, with the interest rate of KRW 3% per month, the due date of repayment as of October 31, 2016 (hereinafter “the loan agreement of this case”), and the fact that the defendant repaid KRW 13,50,000 to the plaintiff on September 30, 2017.
With respect to KRW 13,500,000 paid by the Defendant to the Plaintiff, the Defendant alleged to the effect that the principal should be appropriated first, but there is no evidence as to the fact that there was a designation or agreement of appropriation at the time of the repayment, and therefore, the expenses, interest, and principal shall be appropriated in order of the payment according to the statutory appropriation of performance as stipulated in
As of September 30, 2017, 45,00,000 won as of September 30, 2017, when interest or delay damages is calculated at the rate of 24% per annum as claimed by the Plaintiff within the maximum interest rate stipulated in the Loan Agreement of this case, the interest rate of 11,717,260 won (the amount calculated at 24% per annum from August 31, 2016 to September 30, 2017 as to KRW 45,000) shall be paid within the scope of the agreed interest rate stipulated in the Loan Agreement of this case, and the remainder of 1,782,740 won shall be appropriated for the principal.
In full view of the above facts and the legal principles on appropriation, the Defendant is obligated to pay to the Plaintiff the remainder principal of KRW 43,217,260 (=45,00,000 - 1,782,740) under the loan agreement of this case and interest or delay damages calculated at the rate of 24% per annum from October 1, 2017 to the date of full payment.
Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.