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1. The Defendant’s KRW 300,040,765 as well as the Plaintiff’s annual rate of 5% from September 20, 2016 to September 6, 2017.
Reasons
Based on the facts, the Defendant made a loan certificate to the Plaintiff by borrowing money as stated below.
The amount of loan (unit: original) as of January 20, 2014 from the date of maturity of 150,000,000,000 on April 2, 2014, 130,000 on April 2, 2014, 130,000 on April 23, 2014; 4.50,000 on April 23, 2014; 50,000,000 on May 19, 2014; 50,000,000, borrowed on May 16, 2014.
The details of financial transactions between the Plaintiff and the Defendant on June 20, 2014, June 20, 2014, as of the end of December 5, 2014, including the sum of 530,000,000,000 on November 25, 2014, are as shown in the attached Table of Financial Transactions.
[Based on the basis of recognition] A without dispute, Gap evidence Nos. 1 through 4, 6 through 10 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 1, and the purport of the whole pleadings, the plaintiff asserted by the parties concerned agreed to receive interest calculated at the rate of 2.5% per month, and lent KRW 56,000,000 to the defendant without interest agreement.
From December 13, 2013, the Defendant repaid KRW 265,725,00 among the above loans to the Plaintiff. KRW 101,725,00,000 out of the above repayment amount is appropriated for the principal of the loan. KRW 164,725,00 is appropriated for the interest, and the present principal of the loan is currently 505,00,000 (=50,000,000 of the leased principal with no interest agreement on KRW 556,00,00 of the loan principal under a interest agreement) - interest rate of KRW 101,00,000 of the loan principal out of the repayment amount is remaining.
Therefore, with respect to the Plaintiff’s principal and interest amounting to KRW 653,430,00 and KRW 309,000,000 which were leased prior to the enforcement of the amended Interest Limitation Act, the Defendant calculated at the rate of 30% per annum from the day after the day of delivery of the copy of the instant complaint to the day of full payment; with respect to KRW 146,00,000 of the principal leased after the enforcement of the amended Interest Limitation Act, the damages for delay calculated at the rate of 25% per annum from the day after the date of delivery of the copy of the instant complaint to the day of full payment; and the damages for delay calculated at the rate of KRW 148,430,00 for the interest already accrued.