대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. In light of the fact that there is no dispute over the cause of the claim, each statement of Gap evidence Nos. 1 through 3, 9, 11, 12, 15, and 19 (including serial numbers; hereinafter the same shall apply), and all the testimony and arguments of the witness of the first instance trial C, the plaintiff loaned KRW 95 million to the defendant on April 24, 2016 due date for payment, and at the interest rate of 12% per annum, and on December 15, 2015, the fact that the amount of KRW 9,500,000 was determined and lent at the interest rate of 12% per annum, and contrary thereto, the evidence Nos. 7, 9, and 12% per annum, each part of evidence Nos. 7, 9, and 12, and each part of witness evidence No. D of the first instance trial witness evidence No. 8 is insufficient to recognize the evidence No. 8.
The Plaintiff asserts that the Plaintiff lent KRW 95 million on November 24, 2015 to lend KRW 100 million in addition to the above KRW 95 million. However, the Plaintiff himself/herself recognized that a cashier’s check was issued with a face value of KRW 50 million and a face value of KRW 45 million. Thus, the above assertion is without merit.
Thus, the defendant is obligated to pay to the plaintiff 190,000,000 won with interest calculated at the rate of 12% per annum from the next day of each loan to the day of full payment.
The Plaintiff is a person who was paid interest of KRW 11,40,00 as interest on the above loan. As such, the Plaintiff is obligated to pay interest of KRW 35,136,986 [The interest of KRW 95,00,000 x 12/100 x (1208/365) x (1208/365) x 12/100 x 12/100 x (11187/365) x (1187/365) excluding interest of KRW 23,736,986 excluding interest of KRW 190,00,000 and interest of KRW 190,000 and interest of KRW 190,000 from June 19, 2017, 2000 and interest of KRW 36,000 from the date of receipt of the application for payment order in this case’s loan.
2. Judgment on the defendant's defense of partial repayment
A. The Defendant is KRW 95 million on December 14, 2015.