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1. The defendant shall pay 100,000,000 won to the plaintiff and 12% per annum from April 24, 2020 to the day of full payment.
Reasons
1. The fact that the Plaintiff, on February 6, 2017, determined the period of repayment to the Defendant on December 22, 2017, lent KRW 100 million (hereinafter “instant loan”) to the Defendant on the grounds of the claim does not conflict between the parties, or is recognized by adding the whole purport of the pleading to the statement in Party A1.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 10 million won and the damages for delay calculated by 12% per annum from April 24, 2020 to the day of full payment under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 24, 2020, as requested by the plaintiff.
2. Judgment on the defendant's assertion
A. The fact that the Defendant paid KRW 10 million to the Plaintiff on March 5, 2020 is not disputed between the parties, or is recognized by adding the whole purport of the pleadings to the entries in Gap 2.
B. The defendant asserts that since the defendant did not separately agree on interest at the time of the instant loan agreement, the above 10 million won should be appropriated for the principal of the instant loan.
C. Even in the absence of an interest agreement, a loan, the maturity period of which has been fixed, shall be liable for delay at the statutory rate from the following day.
Since the repayment period of the instant loan was December 22, 2017, the Defendant is liable to pay damages for delay calculated at the rate of 5% per annum, which is the statutory interest rate, from December 23, 2017 following the date.
Therefore, the Plaintiff’s assertion that KRW 10 million paid by the Defendant was fully appropriated for damages for delay calculated at the rate of 5% per annum from December 23, 2017, the following day following the due date until March 5, 2020, from March 5, 2020.
The defendant's assertion is not accepted.
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.