대여금
1. As to KRW 407,355,863 among the Plaintiff and KRW 300,000,000 among the Plaintiff, the Defendant shall annually year from September 13, 2018 to October 31, 2018.
1. Facts of recognition;
A. On March 3, 2014, the Plaintiff, on March 3, 2014, lent KRW 300,000,000 to the Defendant on March 3, 2017, at the rate of 5.8% per annum (the change rate, Article 3(2)2, and 3 months of the Framework Agreement on Credit Transactions).
B. On March 3, 2014, the Plaintiff: (a) determined and lent KRW 30,000,000 to the Defendant on March 3, 2017 as the interest rate of KRW 5.8% per annum (fixed interest rate, Article 3(2)1 of the Framework Act on Credit Transactions) on March 3, 2017.
C. The Defendant did not pay the principal of the said KRW 300,000,000, and did not pay the interest of KRW 98,989,187 as of September 12, 2018, and the applicable interest rate is 3% per annum.
The defendant did not pay KRW 6,252,231 out of the principal amount of KRW 30,000,000, and did not pay KRW 2,114,445 as of September 12, 2018, and the applicable interest rate is KRW 8.8% per annum.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 4, and 5 (including each number), and the purport of the whole pleading
2. The Defendant is obligated to pay to the Plaintiff delay damages under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is calculated at the rate of 3% per annum from September 13, 2018 to October 31, 2018, the service date of the original copy of the payment order, for the amount of KRW 407,35,863 and the amount of KRW 300,000,000,00,000, which is the total amount of the outstanding principal and interest of the loan, to the Plaintiff, from September 13, 2018, to October 31, 2018, which is the service date of the original copy of the payment order, the rate of 8.8% per annum from September 13, 2018 to October 31, 2018, each of which is 15% per annum from the following day to May 31, 2019; and
Meanwhile, since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768) was enforced on June 1, 2019 and the statutory interest rate was changed to 12% per annum, the Plaintiff’s claim in excess is dismissed.
3. Accordingly, the Plaintiff’s claim is justified within the scope of the above recognition, and the remainder of the claim is dismissed.