대여금 등
1. Defendant B’s annual interest of KRW 20,00,000 to the Plaintiff (Counterclaim Defendant) as well as its annual interest from October 22, 2012 to September 9, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff, on August 28, 1996, lent to Defendant C KRW 180,000,000 (hereinafter “the first loan”) at 1.3% per interest month. Defendant C repaid the first loan obligation as indicated below.
B. On February 27, 2004, the Plaintiff lent 100,000,000 won (hereinafter “second loan”) to Defendant C at 8% per annum, and thereafter, the Plaintiff asserted that the interest did not have reduced the interest of the second loan by 7.2% per annum. However, according to the evidence Nos. 3 and 13-2, the Plaintiff’s additional loan of KRW 10,000 to Defendant C on August 26, 2004, the Plaintiff paid KRW 60,000 per annum of interest on the second loan (7.2% per annum) to the Plaintiff on May 31, 2005, but the Plaintiff paid KRW 70,000 to Defendant C at 30,000 per annum of interest on the second loan (7.2% per annum) to Defendant C on June 27, 2005, the Plaintiff paid KRW 300,000 per annum of interest on the second loan to Defendant C on June 27, 20005.
in this chapter.
On June 27, 2005, Defendant C paid KRW 50,000,00 to the Plaintiff for the repayment of the loan obligation.
C. The Plaintiff loaned KRW 10,00,000 to Defendant C, KRW 10,00 on August 26, 2004, KRW 10,000 on January 26, 2005, and KRW 20,000,00 on February 21, 2005, as interest rate of KRW 0.7% (hereinafter “each of the above loans”), and Defendant C paid KRW 10,00,000,00 to the Plaintiff for the repayment of the loan obligations on June 3, 2010.
Defendant C: (a)
As seen in this subsection, KRW 50,00,000, out of the first loan obligation is 50,000,000,000, out of the first loan which was already repaid with a misleading knowledge that it was not repaid even if it was repaid on April 24, 1997.