대여금
1. The defendant shall pay to the plaintiff KRW 37,772,602 as well as KRW 20,000 among them, from September 11, 2015 to the day of full payment.
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff, on December 30, 2010, lent KRW 20 million to the defendant on December 30, 201, with interest rate of KRW 6 million as of December 30, 201, and received a loan certificate of KRW 26 million in total from the defendant. The fact that the defendant deposited KRW 1 million into the plaintiff's bank account through C on September 10, 2015, while the lawsuit in this case was pending, has no dispute between the parties.
According to the above facts, at the time of the Defendant’s repayment to the Plaintiff on September 10, 2015, the sum of interest or delay damages on the said loan from January 1, 2011 to September 10, 2015 is calculated by 20% per annum as requested by the Plaintiff within the scope of the agreed rate, if the sum of interest or delay damages from January 1, 2011 to September 10, 2015 is calculated by 18,772,602 won per annum x 20% x 20% x 4253/363). The said one million won repaid by the Defendant was appropriated pursuant to Article 479 of the Civil Act.
The Defendant is obligated to pay to the Plaintiff KRW 37,772,602 (i.e., principal KRW 20 million) (i.e., interest or delay damages KRW 17,772,602 on September 10, 2015) and damages for delay calculated at the rate of KRW 20 million per annum from September 11, 2015 to the date of full payment.
Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed. It is so decided as per Disposition.