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1. The Defendant: (a) KRW 46,00,000 for the Plaintiff and KRW 5% per annum from March 13, 2016 to April 20, 2016.
Reasons
Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 3 and No. 4-1, it may be acknowledged that the Plaintiff loaned to the Defendant a sum of KRW 35 million from September 15, 2011 to June 12, 2012, and that the Plaintiff paid a sum of KRW 100,000 per month from April 201 to February 2015.
According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 46 million (i.e., a loan of KRW 35 million) and damages for delay at each rate of KRW 15 percent per annum prescribed by the Civil Act from March 13, 2016 to April 20, 2016, which is the day following the delivery of a copy of the complaint of this case (the original copy of the payment order) and from March 13, 2016 to the day of this decision, and from the next day to the day of full payment.
On the other hand, the plaintiff alleged that he agreed to receive interest at 2% per month on the above loan and the indemnity amount, and sought payment of the total of 12,150,000 won from the accrued interest. However, it is not sufficient to acknowledge that there was an interest agreement between the plaintiff as to the above loan and the indemnity amount only by the statement in subparagraphs 4-2 through 4 of the evidence No. 4-2 and there is no other evidence to acknowledge it. Thus, the claim for
Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.