대여금
1. The Defendant is 15% per annum with respect to KRW 100 million and KRW 95 million among the Plaintiff, from March 30, 2016 to the date of full payment.
Comprehensively taking account of the purport of the entire pleadings, evidence Nos. 1 and 2, the Plaintiff agreed to lend KRW 50 million to the Defendant on August 15, 2013 by setting the due date for repayment as 10% per annum and 10% per annum, and paid KRW 45 million after deducting the interest rate of KRW 5 million. The Plaintiff again lent KRW 50 million to the Defendant on August 8, 2014 by setting the due date for repayment as 10% per annum and 10% per annum, and at around that time, the Defendant prepared and issued a loan certificate (Evidence No. 1) stating the aggregate of the loans at KRW 100 million to the Plaintiff.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 45 million as of August 15, 2013 and interest equivalent to 10% per annum for two years from August 15, 2013 to August 15, 2015, and the amount of KRW 50 million as of August 8, 2014, and interest equivalent to 10% per annum from August 15, 2014 to August 15, 2015.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 30, 2016 to the date of full payment, as claimed by the Plaintiff, with respect to KRW 100,000,000,000 for the Plaintiff and KRW 5,000,000,000,000 for KRW 45,000,000 for the loan principal.
Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.