대여금
1. The Defendant shall pay to the Plaintiff KRW 190,00,000 and the interest rate of KRW 15% per annum from November 11, 2016 to the date of full payment.
1. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 3 of the judgment on the cause of the claim, the Defendant, on June 24, 2015, prepared a loan certificate stating that “the Plaintiff shall repay KRW 220 million borrowed from the Plaintiff to December 31, 2016, shall pay interest of KRW 4% per annum, shall be paid at 4% per annum, and when the interest is overdue on at least two occasions, the interest shall be lost.” The Defendant paid interest every month until February 2016, but the Defendant did not pay interest to the Plaintiff from March 2016, and the Defendant may recognize that the Plaintiff paid the principal amount of KRW 30 million to the Plaintiff on April 12, 2016.
According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 190 million (i.e., KRW 220 million - KRW 30 million) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 11, 2016 to the date of full payment, which is obviously after the date when the defendant lost the benefit of the deadline.
2. The Defendant’s assertion that the Defendant paid each of the Plaintiff KRW 3 million on November 4, 201, KRW 7 million on November 24, 201, and KRW 30 million on the end of August 2013. However, as seen earlier, the Defendant prepared a loan certificate to the Plaintiff to pay KRW 220 million on June 24, 2015, and paid each interest of KRW 220 million on February 2016, the Defendant’s defense is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.