대여금
1. The Defendant’s KRW 150,000,000 as well as 12% per annum from September 5, 2013 to May 4, 2015 to the Plaintiff.
1. Judgment on the plaintiff's claim
A. The plaintiff asserts that the contract interest rate of KRW 150 million was set at 12% per annum without setting the due date for payment, and that the defendant paid the agreed interest rate.
B. Therefore, comprehensively taking account of the overall purport of the pleadings, the Plaintiff’s loans totaling KRW 150 million to the Defendant over several times from November 16, 2012 to September 4, 2013, in light of the health class, evidence Nos. 1, 2, 3, evidence No. 4-1, 2, evidence No. 5, and evidence No. 6-1 to 6, respectively.
C. In addition, since it is apparent in the record that the plaintiff notified the implementation by the delivery of the duplicate of the complaint of this case, the period during which the above obligation was due is due. D.
However, as to whether there was an interest agreement as alleged by the Plaintiff, the Plaintiff asserted that he agreed to the interest rate of 12% per annum on the above loan, but the statement of evidence No. 2 is insufficient to recognize it by itself, and there is no other evidence to acknowledge it.
E. Therefore, the Defendant is obligated to pay to the Plaintiff the money calculated by the ratio of 150 million won per annum from September 5, 2013 to December 24, 2015, which is the date the instant judgment was rendered, to the Plaintiff from September 5, 2013 to December 24, 2015, which is the date the instant judgment was rendered, to the Plaintiff, 5% per annum as provided by the Civil Act, and 15% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
[Plaintiff claim for the payment of damages for delay at the rate of 20% per annum from the day after the delivery of the copy of the instant complaint to the day of full payment, but the statutory interest rate is wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; and the statutory interest rate is changed from 20% per annum to 15% per annum pursuant to Article 2(2) of the Addenda, and thus, it exceeds 15% per annum from October 1, 2015 to the day of full payment.