대여금
1. As to KRW 103,810,377 and KRW 63,553,556 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 24, 2016 to January 19, 2017.
1. Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence No. 2, Gap evidence No. 3-1, and No. 4 as of April 8, 2016, the plaintiff lent 64,000,000 won to the defendant on April 8, 2016, at the interest rate of 4.1% per annum, and on April 8, 2018, when the payment of interest was delayed for more than one month, the plaintiff agreed to lose the benefit of the deadline and to repay the full amount of the debt; the defendant delayed the payment of interest; and the plaintiff requested the defendant to pay the interest on January 19, 2017. The fact that the defendant paid 1,00,000 won among the above loans on June 23, 2016 is the fact that the plaintiff paid 1,00,000 won to the defendant.
The above KRW 1,00,000 paid by the Defendant to the interest rate of KRW 553,56 until June 23, 2016 (i.e., KRW 64,00,000 x KRW 0.041 x less than KRW 77/365, hereinafter the same shall apply). If the remainder of KRW 446,44 is appropriated to the principal, the balance of the loan (i.e., KRW 64,53,556 - KRW 446,444) is the principal amount (i.e., KRW 64,00,000).
Therefore, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of 4.1% per annum, which is agreed upon, from June 24, 2016 to January 19, 2017, the Defendant’s delay, 6% per annum as stipulated in the Commercial Act from January 20, 2017 to March 30, 2017, the delivery date of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
2. Comprehensively taking account of the overall purport of the pleadings in the statement No. 3-1 and No. 5 of the evidence No. 3-1 of the loan claim as of April 29, 2016, the Plaintiff may recognize the fact that the Plaintiff lent KRW 230,000 to the Defendant on April 29, 2016 by setting the interest rate of KRW 4.1% per annum and the due date of payment as of July 1, 2016, and the fact that the Defendant repaid KRW 195,00,000 out of the above loan on July 5, 2016 is the Plaintiff.
The above KRW 195,00,000 paid by the Defendant to the interest and delay damages (=230,000,000 x 0.041 x 68/365) until July 5, 2016, shall be appropriated to the principal and interest and delay damages (=230,00,000 x 0.0 x 0.041 x 68/365), and the remainder shall be appropriated to the principal and interest.