대여금
1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 23, 2016 to November 24, 2016.
1. Comprehensively taking account of the purport of Gap evidence No. 1, Gap evidence No. 2-1, and Eul evidence No. 2-2 and the whole arguments, the defendant entered the agreement between the plaintiff and the plaintiff on November 25, 2015 (hereinafter referred to as the "agreement of this case") that ① the defendant exempted the remainder of the debt excluding KRW 12,00,000, out of KRW 20,000 borrowed from the plaintiff, and ② the defendant paid the plaintiff KRW 12,00,000 in two installments, and until November 30, 2015, the remainder of KRW 6,000,000 shall be paid until December 20, 2015 (hereinafter referred to as the "agreement of this case").
2. Determination
A. According to the above facts, the defendant is obligated to pay the plaintiff 12,00,000 won and damages for delay. 2) The plaintiff asserted that if the defendant did not pay the plaintiff 12,000,000 won to the plaintiff by the above payment date, the plaintiff agreed to pay the plaintiff 20,200,000 won in full. Thus, according to the Gap evidence No. 1, it can be acknowledged that the defendant prepared and delivered a letter of performance stating that "I do not raise any objection even if the defendant fails to pay the loan by increase in loans prepared by the defendant," as alleged by the plaintiff at the time of the agreement of this case, the above facts alone are insufficient to acknowledge that the defendant agreed to determine the amount of the loan to be returned to the plaintiff as 20,200,000 won.
3. Therefore, the Defendant prescribed the annual interest rate of 5% under the Civil Act from June 23, 2016 to November 24, 2016, which is the date following the delivery of a copy of the complaint of this case to the Plaintiff as to the existence and scope of the Defendant’s performance obligation, and the annual interest rate of 12,00,000 won from the next day to the date of full payment under the instant agreement.