약정금
1. The defendant shall pay to the plaintiff KRW 41,20,000 and KRW 20,000 among them, the amount of KRW 41,20,000 from May 18, 2016 to the date of full payment.
Comprehensively taking account of the overall purport of the pleadings in Gap's statement, it is recognized that the defendant, around July 2, 2010, borrowed KRW 20 million from the plaintiff, and thereafter, around July 2, 2011, prepared a cash loan certificate to the effect that the plaintiff will repay the above loan amount of KRW 20 million to the plaintiff as the condition of interest rate (24% per annum) and July 2, 2012.
Therefore, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the rate of delay damages from May 18, 2016 to the date of complete payment, as claimed by the Plaintiff, for the sum of the unpaid interest (or damages for delay) (or 400,000 won for a month x 53 months) equivalent to the 53-month interest (or 400,000 won x 53-month interest) (i.e., 1-month interest) and the principal (20,000,000 won, which is the day following the delivery of the copy of the instant complaint, to the day of complete payment).
The defendant asserts that "the defendant borrowed KRW 20 million from the plaintiff, but it was borrowed at the time of carrying out the business with the plaintiff, and the plaintiff did not pay the settlement amount to the defendant when the business was closed, and the plaintiff and the defendant agreed to pay the above loan amount to the defendant." However, the evidence submitted in the case alone is insufficient to recognize the defendant's argument (the fact that the agreement was reached to the effect that the defendant exempted the loan of this case from the loan of this case) and there is no other evidence to acknowledge it. Thus, the defendant's argument is not accepted.