대여금
1. The Defendant shall pay to the Plaintiff KRW 41,400,000, and KRW 32,000,000, out of the above amount, with full payment from October 1, 2014.
1. The Plaintiff, who determined the cause of the claim, has a duty to pay the Plaintiff the instant loan and the interest or delay damages thereon, on three occasions, including: (a) KRW 32 million, on January 20, 2012; (b) KRW 10 million on February 12, 2012; and (c) KRW 32 million on February 29, 2012 (hereinafter “the instant loan”); and (d) by July 31, 2012, on three occasions, on three occasions; and (b) KRW 90,00 (33.75%) on a monthly basis; and (c) on a maturity date, on a July 31, 2012. Therefore, there is no dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff the instant loan and the interest or delay damages thereon.
2. The defendant's assertion and judgment asserted that the defendant paid KRW 13 million to the plaintiff, and that the above money was agreed to cover all the principal amount.
In this case, the Plaintiff was paid KRW 5 million on June 30, 2014, KRW 50 million on September 26, 2014, and KRW 30 million on September 30, 2014, with the repayment of the loan of this case from the Defendant. As such, it is insufficient to recognize the Defendant’s payment of the above amount as the principal of the loan of this case, only the health account, the evidence submitted by the Defendant, and there is no other evidence to acknowledge the above assertion, and the said amount paid by the Defendant should be appropriated for payment in accordance with Articles 477 and 479 of the Civil Act.
Therefore, as the Plaintiff seeks, the interest calculated at the rate of 30% per annum from March 1, 2012, which is a limitation under the Interest Limitation Act, and the principal of the loan in this case, calculated the remainder of the principal by satisfaction of performance pursuant to Article 479 of the Civil Act as to the principal of the loan in this case, the principal amount of KRW 43,828,492 (i.e., the principal amount of KRW 32,00,000,000) based on September 30, 2014 as indicated below.
Interest accrued as of the date of repayment 140630,000,000,00022,408,7677,367,000,000 of the balance of principal of the damages for delay x 0.3 x 5,000,000 5,000,0005,000,000 x 17,408,7677 32,000,000,000, 32,000,000, 2,000,002,314, 32,000,000 x 32,000,000 x 8/365,005,005,000 x 32,000,000 x 8/365,000,005 x 3627,003,004