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1. Of the judgment of the court of first instance, KRW 14,167,579 against the Plaintiff as to the Defendant and its related amount, from March 21, 2017 to August 17, 2018.
Reasons
1. Determination on the cause of the claim
A. On April 22, 2013, the Plaintiff’s summary of the Plaintiff’s assertion: (a) leased KRW 50,000,000 to the Defendant on November 30, 2014 on the due date; and (b) accordingly, the Defendant is obligated to pay the Plaintiff the balance of the above loan and the statutory damages for delay as sought by the Plaintiff.
B. On April 22, 2013, the fact that the Plaintiff paid KRW 40,00,000 to the Defendant is without dispute between the parties. In full view of the purport of the entire pleadings in the statement in subparagraph 1, it is recognized that the Defendant prepared and delivered a certificate of borrowing that the Plaintiff would pay KRW 50,00,000 (hereinafter “instant contract deposit”) to the Plaintiff on the same day by November 30, 2014, and the fact that the said certificate of borrowing was overdue is apparent.
Therefore, the Defendant, barring special circumstances, is obligated to pay KRW 23,00,000 to the Plaintiff the partial original amount of the instant agreement and the statutory damages for delay as sought by the Plaintiff.
2. Judgment on the defendant's defense of payment
A. The Defendant’s defense of KRW 37,000,000 was asserted that the Plaintiff paid a total of KRW 37,000,000 to the Plaintiff. Thus, the Plaintiff did not dispute the fact that the Plaintiff paid KRW 10,000,000 from the Defendant around December 11, 2013, around February 17, 2015, KRW 10,000,000, around June 19, 2015, KRW 3,000,000,000 around June 24, 2015, KRW 7,000,000,000 around June 26, 2015, KRW 5,000,000 around September 26, 2015, KRW 370,000 among the parties.
In regard to the agreement amount of this case, the plaintiff had an interest agreement of 25% per annum in accordance with the restriction of the Interest Limitation Act, and the amount repaid by the defendant was first appropriated for interest and delay damages, and the balance of the original as of the date of the closure of pleadings in the first instance trial reaches KRW 38,002,641, and the plaintiff seeks partial payment. However, the plaintiff and the defendant are bound to pay the agreement amount of this case.