대여금
1. The defendant shall pay to the plaintiff 160,000,000 won and 150,000,000 won among them, from December 1, 2016 to the day of complete payment.
On March 16, 201, the Plaintiff: (a) lent KRW 150 million to the Defendant at an interest rate of 24% per annum; (b) concluded a special agreement to lose the benefit of time if the agreed interest is delayed twice or more; (c) however, the Defendant lost the benefit of time by delaying the payment of interest from December 1, 2016 on the first loan to the Plaintiff; and (d) on December 30, 2015, the Plaintiff determined and lent KRW 10 million to the Defendant at an interest rate of KRW 10 million (hereinafter “the second loan”). There is no dispute between the parties.
According to the above facts, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 24% per annum as stipulated in the above agreement from December 1, 2016 to the date of full payment of the first loan amounting to KRW 160 million (i.e., KRW 150 million) and the first loan amounting to KRW 150 million (i.e., KRW 150 million). The Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 24% per annum as stipulated in the above agreement from December 1, 2016 to the date of full payment. The remainder of the second loan amounting to KRW 10 million is due on January 31, 2016 (other than this, the Plaintiff’s assertion seeking late payment damages from December 31, 2015) to the date of delivery of a copy of the complaint of this case from June 19, 2019 to the date of full payment.
Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.