대여금
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2.With respect to any claim that is altered on an exchange;
1. Basic facts
A. On July 30, 2004, the Plaintiff borrowed KRW 158,000,000 from one bank.
(hereinafter “instant loan”). (b)
On March 26, 2007, the Plaintiff lent KRW 158,000 to the Defendant.
(hereinafter “instant loan”). (c) The instant loan
On July 30, 2007, the Plaintiff informed the Defendant of the account information of the instant loan, and the Defendant repaid the instant loan to Han Bank in installments from August 29, 2007, and repaid the remainder of principal KRW 79,980,920 on July 30, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, Eul evidence Nos. 2 and the purport of the whole pleadings
2. The assertion and judgment
A. At the time of the instant loan, the Plaintiff agreed to receive interest of 1% per month from the Defendant at the time of the instant loan. According to the agreement, 154,840,00 won for total interest on loans as of May 6, 2015, the service date of the original copy of the instant payment order, and 158,000 won for the loan principal plus 312,840,000 won for the loan principal. The amount of the loan principal plus 158,000 won for the loan principal until May 6, 2015 is KRW 122,569,900 for the sum paid by the Defendant to one bank by May 6, 2015. After that, the Defendant did not pay KRW 190,243,096 for the sum of KRW 190,243,09,096 for the loan principal from May 29, 2015 to July 30, 2015.
Thus, the defendant asserts that the plaintiff is obliged to pay to the plaintiff damages for delay at a rate of 20% per annum from May 6, 2015 to July 30, 2015, 107, 680, 483 won per annum from August 1, 2015 to the day on which full payment is made.
In this regard, the defendant asserted that there was no interest agreement that exceeds the obligation of the bank to directly redeem the amount of the loan of this case.
B. The key issue of the instant case is 1% interest per month between the Plaintiff and the Defendant at the time of the instant lending.