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1. The defendant shall pay to the plaintiff KRW 71,479,452 as well as KRW 70,00,000 among them, from November 17, 2017 to the day of full payment.
Reasons
Facts of recognition
On June 10, 2014, the Plaintiff lent KRW 70,000,00 to the Defendant. On June 19, 2014, the Plaintiff decided to revise the borrowed amount of KRW 90,000,000 later between the Defendant and the Defendant, but not modified, and there is no dispute between the Plaintiff and the Defendant regarding the origin of KRW 70,00,000,000;
The loan certificate was prepared at the rate of 30% per annum, 40% per annum from 6 months to 50% per annum, and 12 months from the due date, and the effect of the above loan certificate was stipulated to enter into force from the date of the decision to permit the successful bid for the case of the auction of real estate C with the Seocheon District Court of Daejeon.
(A) The Defendant paid the price and completed the registration of ownership transfer on August 26, 2014, after obtaining a decision to permit the successful bid of the building E E E in the name of the Defendant, a corporation with multiple equity shares, which is the object of the said real estate auction case.
The Defendant repaid the loan amounting to KRW 5,00,00 on November 16, 2017 and repaid the loan amounting to KRW 55,00,00 on or after the date of the decision to grant the successful bid, and paid the loan amounting to KRW 56,479,452 (x 25% (x 38/365) under the Interest Limitation Act) accrued from August 26, 2014 to November 16, 2017, which is the date of the registration of ownership transfer of the said real estate that the Plaintiff seeks, which is the date of the decision to grant the successful bid, and was partly appropriated for the interest and delayed payment, KRW 56,479,452 (=56,479,452 -5,00,000) and KRW 70,000,000.
[Based on the facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff delay damages calculated at the agreed interest rate of 25% per annum as stipulated by the Interest Limitation Act from November 17, 2017 to the date of full payment, with respect to the above principal amount of KRW 71,479,452 (=70,000,000) and KRW 70,000,000, which is the principal amount.
The defendant was invested not by borrowing money from the plaintiff, but by making investments, and the principal amount of KRW 55,00,000 out of KRW 70,000 remains.