대여금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. The following facts are either a dispute between the parties, or the authenticity of the document is presumed to have been established as a whole due to the lack of dispute between the parties, or there is no evidence to acknowledge that the document was made by the plaintiff's coercion and fraud, but there is no evidence to acknowledge it), Gap evidence Nos. 2, 3, and Eul evidence Nos. 2, 2, 3, and 2.
On April 20, 2010, the Plaintiff lent to the Defendant KRW 3% of interest per month and due date on June 20, 2010, KRW 10 million (hereinafter “instant loan”).
B. The Plaintiff and the Defendant agreed to reduce the interest rate of the instant loans from August 20, 2012 to 2% per month from August 20, 2012.
2. The assertion and judgment
A. The purport of the Plaintiff’s assertion is that the Defendant is obligated to pay to the Plaintiff the amount calculated by deducting 300,000 won per month from June 21, 2010 to August 20, 2012, the agreed rate of which was reduced to 200,000 won from June 21, 2010, which was the day after the maturity date, and to pay to the Plaintiff 200,000 won per month from the next day to the day of full payment.
However, the defendant paid to the plaintiff a sum of KRW 5,50,000 as interest, and if it is calculated by dividing it by month, 18 months (i.e., June 21, 2010 to December 21, 201) shall be paid in 300,000 per month, and one hundred and fifty thousand won as interest per January 201.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10 million and damages for delay calculated by applying each rate of KRW 200,000 (100,000,000 as interest paid on January 20, 2012), KRW 36% per annum (36% per annum from January 21, 2012 to August 20, 2012), and KRW 24% per annum from the next day to the date of full payment (200,000 per month) to the agreement.
However, the Plaintiff’s claim amounting to KRW 10 million, not to KRW 10,200,000, to KRW 36% per annum from January 21, 2012 to August 20, 2012, and 24% per annum from the next day to the day of complete payment.