The judgment below

The part against the plaintiff shall be reversed, and that part of the case shall be remanded to the Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. On January 14, 2009, the lower court determined that on the last day of each month, the Plaintiff paid KRW 100 million to the Defendant on November 30, 2009 (hereinafter “instant loan”) and lent the loan (hereinafter “the instant loan”) on November 30, 209, and there is no agreement between the parties as to the interest rate, and that the interest rate should be 5% per annum under Article 379 of the Civil Act

However, we cannot accept the above judgment of the court below for the following reasons.

The judgment below

According to the reasoning and the record, although the loan of this case does not contain a direct statement on the loan of this case, the interest rate shall be paid not later than the 14th day of each month (the last day of each month thereafter.). The defendant paid 600,000 won or 5250,000 won each month from January 20, 2009 immediately after the loan of this case, to the maturity date, and the defendant, on June 1, 2009, agreed on the interest rate of 50,000 won as 1.5% each month when the defendant borrowed 50,000 won from D Co., Ltd. (hereinafter referred to as “D”), and again, on October 25, 2010, the plaintiff agreed on the loan of this case from 7th to 100% of the loan of this case to 15% of the loan of this case, but the plaintiff did not request that the loan of this case be reduced from 105% of the loan of this case to 10.5% of the loan of this case.

Nevertheless, the lower court, contrary to this, applied only the statutory interest rate of 5% per annum from January 14, 2009 to KRW 100 million of the instant loan.