대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. The fact that the plaintiff, around March 29, 2006, lent 5 million won to the defendant as interest interest rate, around March 29, 2006, does not dispute between the parties.
(2) The Plaintiff and the Defendant agreed to pay interest at the rate of 24% per annum at the time of the above lending, and there is no evidence to prove otherwise that there was an agreement between the Plaintiff and the Defendant to pay interest exceeding the rate of 5% per annum under Article 379 of the Civil Act with respect to the instant loans. Thus, the Plaintiff’s claim for payment of interest exceeding the rate of 5% per annum under the Civil Act is without merit, and there is no reason to further examine.
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 5 million won and interest thereon at the interest rate of 5% per annum from May 29, 2006 to the date following the date when the plaintiff was paid the interest.
2. Judgment on the defense
A. The Defendant asserted that he/she paid KRW 5 million to the Plaintiff on six occasions from June 8, 2012 to August 16, 2013. 2) In full view of the overall purport of the pleadings in the statement No. 1-2, and No. 1-2, and No. 2, the Defendant’s spouse paid KRW 1,00,000 to the Plaintiff on six occasions, taking into account the following facts: (a) the Defendant’s spouse paid KRW 1,00,000 on June 8, 2012; and (b) KRW 1,00,000 on August 27, 2012; (c) KRW 1,00,000 on September 26, 2013; and (d) KRW 1,500,000 on June 14, 2013; and (d) the Plaintiff paid KRW 1,501,500,000 on the loan.
Therefore, it is reasonable to view that only the remaining one million won is the repayment of the principal of the loan in this case.