대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
According to Gap evidence Nos. 1, 2, and 4 (including various types of evidence Nos. 1 and 2) each, the plaintiff filed a lawsuit against the defendant for the payment of KRW 79 million (Seoul Northern District Court 2003Kadan27112) on July 21, 2004, and "the defendant shall pay to the plaintiff 30 million with interest of KRW 30 million and interest of KRW 20% per annum from February 26, 2004 to the day of full payment (hereinafter "the judgment of the first instance court"), and the Seoul High Court rendered a judgment that "the defendant shall pay to the plaintiff 19,700,000 won and interest of KRW 20% per annum from September 13, 2005 (in addition to the judgment of the first instance court, the defendant shall pay to the plaintiff 19,700,000 and from February 25, 2004 to the day of full payment)."
On the other hand, the plaintiff collected KRW 30 million from the defendant on December 22, 2004. Thus, when appropriated for the principal and interest of the obligation ordered payment in the judgment of the first instance court of the previous instance, the amount of KRW 30 million shall be KRW 4,947,945 [the amount of the principal of KRW 30 million and interest of KRW 4,947,945 [the amount of KRW 30 million from February 26, 2004 to December 22, 2004, calculated at the rate of KRW 20% per annum (30 million x 20% x 301/365 x 30 million x 30 million)]; and
Therefore, the defendant ordered the plaintiff to pay the amount of KRW 24,647,945 (the principal of the judgment of the second instance court of the previous lawsuit of KRW 4,947,945 (the principal of the previous lawsuit of KRW 19,700,00 among the amounts ordered payment in the judgment of the first instance court of the previous lawsuit) and the amount of KRW 4,947,945 which is calculated by the rate of 20% per annum from December 23, 2004 to the date of full payment, and the amount of KRW 19,70,000 which is calculated by the rate of 5% per annum from February 26, 2004 to September 1, 2005, and from the next day to the date of full payment, 20% per annum from the next day to the date of full payment.