대여금
1. The Defendant shall pay to the Plaintiff KRW 33,402,274 and KRW 23,402,274 among them, 24% per annum from August 24, 2019 to the date of full payment.
1. The plaintiff, on February 22, 2017, was found to have been found to the defendant at KRW 5,000,000, for the same year.
5. Each loan of KRW 2,500,000 was made on June 16.
Upon the request of the defendant, the plaintiff on May 25, 2017 and
5.26. Loans of 24,000,000 won in total from loan companies, such as banks, D, E, and F, for the same year;
5. By the end of 28. The Defendant was fully lent.
The defendant paid to the plaintiff the amount of interest equivalent to the above loan.
The Plaintiff additionally lent KRW 2,00,000,000 to the Defendant on September 1, 2017, and KRW 3,500,000 on October 24 of the same year.
On November 7, 2018, the Defendant prepared a loan certificate stating the amount remaining after partial repayment of the above loan (loan), 24,000,000 won (Loan), 10,000,000 won due, and the due date for repayment until November 28, 2018, 24.9-25% until November 28, 2018, 15% per annum for delayed loss of KRW 10,000.
After drawing up the above loan certificate, the Defendant paid the Plaintiff KRW 5,150,000 in total as shown in the calculation table of appropriation amount as interest for KRW 24,00,000.
[Ground for Recognition: Facts without dispute, Gap 1 through 6, the purport of the whole pleadings]
2. According to the above facts of recognition, the Defendant is obligated to pay 15% annual damages for delay as to KRW 34,000,000 and KRW 24,00,000, which remain remaining on the basis of the loan certificate written on November 7, 2018, and as to KRW 24% interest and delay damages within the scope of the Interest Limitation Act, and KRW 10,000,000.
The defendant argues that the loan certificate is merely a form of loan certificate, and that the maturity of the loan company is not due until the maturity of the loan company, but is not accepted.
The Plaintiff sought interest payment of KRW 24% per annum for KRW 10,000,000, but in light of the difference between the loan certificate and KRW 24,00,000,000, and the details of the Defendant’s payment of interest, etc., it is difficult to view that the Plaintiff agreed to pay interest of KRW 24% per annum for KRW 10,000,000 lent with the Plaintiff’s money, and it is recognized that only agreed to pay interest of KRW 15% per annum.
The defendant paid KRW 24,00,000 as interest rate for KRW 5,150.