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1. The Defendant shall pay to the Plaintiff KRW 31,876,917 and the interest rate of KRW 15% per annum from May 25, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned money from around 2014 to November 29, 2016 to the Defendant from time to time by means of cash transfer.
B. The Defendant, once more than three times, drafted each of the following borrowings.
1) On September 23, 2016: The defendant shall lend 42,50,000 won from the plaintiff to the plaintiff; the interest and principal shall be paid on the 25th day of each month; 2) November 29, 2016: the plaintiff shall additionally lend 8 million won from the plaintiff; the principal and principal shall be paid in 50,000 won per month.
3) On March 15, 2017: The Defendant lent KRW 40 million from the Plaintiff to the Plaintiff, and the principal shall be given at the 25th of each month interest and principal (hereinafter “the instant loan certificate”).
(C) At the time of the preparation of the instant loan certificate, the Plaintiff and the Defendant set the interest rate of KRW 150 million per annum, and the monthly interest rate of KRW 40 million per annum (=40 million per annum x 15% per annum x 1/12). Although the instant loan certificate states that “interest rate of KRW 1.5 million per annum” in the instant loan certificate, the Plaintiff asserted that “interest rate of KRW 1.5 million per annum” in the preparatory document dated June 28, 2018, the Plaintiff stated that “interest rate of KRW 1.5 million per annum 1.5 million per annum”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. The Plaintiff asserted that: (a) from September 20, 2014 to November 29, 2016, the Plaintiff lent KRW 58,190,00 to November 29, 2016; (b) KRW 34,270,00 (= Principal KRW 17,306,089 + Interest KRW 16,963,911 + Interest KRW 40,883,911; (c) the Plaintiff still claimed KRW 40,883,91 (i) the leased principal amount of KRW 58,190,00- Principal of KRW 17,306,089). However, the Plaintiff asserted that the Plaintiff sought payment of the modified claim amount of KRW 36,50,00,000 and interest.
On the other hand, the Defendant asserts that: (a) from October 20, 2014 to November 29, 2016, the Plaintiff borrowed KRW 32,400,000 from the Plaintiff; and (b) from November 25, 2014 to April 25, 2018, the Plaintiff did not have any money to be paid to the Plaintiff.
3. Determination as to the cause of action
A. The Plaintiff and the Defendant have transacted money for a long time, and there is dispute over the amount of loan and the amount of repayment between the original Defendant and the Defendant.
(b).