대여금
1. The Defendant’s KRW 4,373,293 as well as the Plaintiff’s annual rate from August 8, 2015 to July 14, 2016.
1. The plaintiff's assertion that on November 30, 2003, the plaintiff lent 30,000,000 won to the defendant with interest rate of 24% per annum. The defendant asserts that the defendant should pay to the plaintiff the interest rate of 15% per annum from the day after the delivery of the copy of the complaint of this case to the day of complete payment, and the interest rate of 30,000,000 won and accrued interest rate of 54,60,000 won and interest rate of 84,60,000 won.
2. Determination
A. (1) Determination as to the cause of claim 1) The Plaintiff’s 30,000,000 won (hereinafter “the instant loan”) to the Defendant on November 30, 2003
A) The fact that the Defendant lent the instant loan without having fixed the due date is not a dispute between the parties, and the Defendant was the due date for repayment of the said loan, which was December 12, 2003, when the Plaintiff’s repayment was made at the Plaintiff’s request. (2) Furthermore, as to whether the interest rate on the instant loan was 24% per annum, the Defendant paid KRW 600,000 on December 31, 2013, as indicated in the attached table of satisfaction of obligation, to the Plaintiff as indicated in the attached table of satisfaction of obligation. However, it is deemed that the Defendant paid KRW 60,00,000 to the Plaintiff on January 30, 204, but there is insufficient evidence to confirm that the interest rate was 24% per annum at the time of lending the instant loan solely on the above facts of recognition.
3) If so, the Defendant is liable to pay to the Plaintiff the instant loan and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 13, 2003, the day following the due date for repayment for the instant loan, barring special circumstances. (B) The Defendant’s defense that the Defendant paid all the instant loan. As such, the Defendant’s defense that the Defendant paid all the instant loan, there is no dispute, and the purport of the entire pleadings in the written evidence Nos. 2 through 4, and Nos. 1 and 2 as a whole, comprehensively taking into account the purport of the entire pleadings, the Defendant’s statement from December 12, 2003 to August 7, 2015 as indicated in the attached Table of Appropriation of Performance (hereinafter “the instant payment”).
the discharge of the obligation is recognized.