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1. The Defendant shall pay to the Plaintiff KRW 151,420,701 and interest rate of KRW 25% per annum from May 17, 2017 to the date of full payment.
Reasons
1. Basic facts
A. From July 25, 2016 to April 28, 2017, the Plaintiff deducted each advance interest from the Defendant on a total of 92 occasions, as indicated in the attached list of loans, and remitted the total amount of KRW 610,300,000 to the intent of lending.
(A) On July 26, 2016, the Plaintiff transferred to the Defendant, on July 26, 2016, a loan amounting to KRW 9 million after deducting a prior interest rate of KRW 10 million from the loan amounting to KRW 10 million, the amount of the loan was set at KRW 10 million, and the interest rate was set at KRW 15 million from the 10% per month. The Plaintiff was drafted by the Defendant with the loan amounting to KRW 10 million.
(hereinafter referred to as “the first loan certificate”). (b)
From August 25, 2016 to May 12, 2017, the Defendant repaid a total of KRW 49,1660,000 to the Plaintiff on a total of 153 occasions, as shown in the attached sheet of repayment.
C. On May 13, 2017, the Plaintiff agreed to set the principal of the loan as KRW 5110 million, interest at KRW 10 million, and the Plaintiff received a loan from the Defendant, with respect to the principal and interest of the loan remaining unpaid until the time.
(hereinafter referred to as “second loan certificate”) d.
Then, on May 16, 2017, the defendant paid 1 million won to the plaintiff additionally.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, 2, and 3, the purport of the whole pleadings
2. Summary of the parties' arguments
A. (1) On July 26, 2016, as indicated in the first loan certificate, the Plaintiff leased KRW 10 million to the Defendant on the condition that the Plaintiff immediately repays the loan upon the Plaintiff’s request, and the Defendant does not pay the Plaintiff’s demand for reimbursement. Therefore, the Defendant is obligated to pay the Plaintiff the said KRW 10 million and the agreed parties and damages for delay. (2) On May 13, 2017, as indicated in the second loan certificate, the Plaintiff settled the principal and interest of the loan that remains unpaid until the time, and then the principal of the loan is KRW 51 million.