대여금
The judgment of the first instance court, including the claims added and reduced in this Court, shall be modified as follows:
The defendant.
1. The parties' assertion
A. The Plaintiff asserted 1A) on May 27, 2011, the Plaintiff, via C through C on May 27, 201, decided to set the due date for payment of KRW 10 million to the Defendant as of July 31, 2012, and to lend interest at KRW 400,000 per month, and transferred KRW 9.6 million after deducting the advance interest and KRW 400,000 to C’s account.
B) In addition, upon receipt of a request from the Defendant to lend additional KRW 5 million around July 201, the Plaintiff loaned interest at KRW 200,000 per month on KRW 5 million, and paid the amount after deducting the interest accrued on the said KRW 10,000,000. Accordingly, on July 28, 2011, the Plaintiff did not receive KRW 5,000,000,000 for the above KRW 10,000 and KRW 8,000,000,000 for the above KRW 7,000,000,000 for KRW 5,000,000 for the loan to the Defendant, and KRW 2,000,000 for the private bridge rent to be paid by the Defendant to the Plaintiff, and the Defendant did not receive KRW 4,50,000,000 for the work expense from KRW 3,50,000.
3) Therefore, the Defendant is obligated to pay to the Plaintiff the above loans and the rent of a ridge C’s private bridge, KRW 4.5 million, and interest on the above loans.
B) However, in light of the provisions of the Interest Limitation Act, when calculating the interest accrued from May 27, 2011 to June 18, 2018, the original amount of the loan was calculated as KRW 9.6 million and KRW 4 million, the interest rate of KRW 30% per annum from June 30, 2007 to July 14, 2014; KRW 25% per annum from July 15, 2014 to February 7, 2018; and KRW 24% per annum from February 8, 2018 to June 18, 2018; KRW 25,913,377; KRW 203777; and the Defendant merely paid the loan and KRW 371,3775,3765,7750 to the Plaintiff.