대여금
1. The Defendant shall pay to the Plaintiff KRW 83,90,000 and KRW 28,400,00 among them, 15% per annum from June 24, 2016 to the date of full payment.
1. According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, the defendant settled the existing monetary transaction with the plaintiff on July 20, 2006, with the agreement that "the defendant shall be deemed to have borrowed KRW 28,400,000 from the plaintiff on July 20, 2006, and the defendant may, from August 30, 2006 to November 30, 2008, paid KRW 1,000 in 28 installments each month from August 30, 2006 to December 30, 209, with the remaining 40,000 won until December 30, 209." The defendant may make an agreement with the plaintiff on July 20, 206 to the effect that "if the installment is delayed, the defendant shall lose the benefit of the deadline and pay damages for delay at the rate of 20% each year." It may be acknowledged that the defendant made payment from the notarial deed (the notarial deed No. 20382).2).
2. According to the above facts, the defendant should pay the above borrowed principal amount of KRW 28,400,000 as well as damages for delay from August 31, 2006 due to the loss of the benefit of time.
Accordingly, when calculating the principal and interest of a loan as of June 8, 2016, which is the basic date designated by the Plaintiff, it shall be KRW 83,920,912 as follows:
[Calculation] [Calculation] [Calculation] [(28,40,000 won x 20%) x 912 x 20%) [Calculation] x 9 years [28,400,000 won x 20%) x 5,570 days (28,40,000 won x 20%) per annum 20% per annum on August 31, 2006 or June 8, 2016) 20% per annum 5,511,912
3. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 24, 2016, which is the day following the delivery date of the copy of the instant complaint to the day of full payment, with respect to KRW 83,90,000 (the amount claimed by the Plaintiff), which is a part of the principal and interest of the loan (the amount claimed by the Plaintiff) and KRW 28,40,000 among the borrowed principal, as the Plaintiff seeks.
For the same reasons above, the plaintiff's claim is accepted in whole, and it is decided as per Disposition.