기타(금전)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. The Plaintiff asserted that the Plaintiff leased KRW 15 million to the Defendant from August 2015 to October 201 of the same year by setting the interest rate of KRW 2% per month. However, the Defendant paid only KRW 15 million out of the total amount of principal and interest of KRW 19.2 million on April 10, 2017, and thus, the Defendant is liable to pay the remaining principal and interest and delay damages to the Plaintiff.
B. According to the evidence Nos. 1 and 1 evidence Nos. 1 and 1, it is recognized that: (a) on August 28, 2015, the Plaintiff loaned KRW 5 million to the Defendant at a rate of 2% per month; (b) on November 28, 2015; (c) on September 18, 2015, the monthly payment rate of KRW 2%; and (d) on November 18, 2015, the payment period of KRW 5 million was determined and lent; (b) on October 12, 2015, the monthly payment period of KRW 2%; and (c) on November 12, 2015; and (d) at the time when the Plaintiff repaid the principal and interest of KRW 18 million to the Defendant, the Plaintiff issued a receipt of KRW 15 million, whichever was issued by the Defendant.
According to the above facts, the Plaintiff and the Defendant are obligated to adjust each of the above loans on April 10, 2017 to determine the sum of principal and interest as KRW 18 million and to pay the principal of KRW 3 million among them. Accordingly, the Defendant is obligated to pay damages for delay calculated at the rate of KRW 2% per month of the agreed interest rate from September 11, 2017 to September 10, 2017, as requested by the Plaintiff, to the sum of principal and interest up to September 10, 2017.
2. Judgment on the defendant's defense
A. The summary of the Defendant’s defense concluded a monthly rent contract by the Plaintiff’s intermediary, and even if it was difficult for the Plaintiff to receive the monthly rent in the process of the brokerage and had no premium, the Defendant was a place where it can easily receive the monthly rent, and there was premium, and the Defendant sustained the amount equivalent to KRW 10 million, and thus, the Plaintiff suffered loss of KRW 10 million.