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1. The defendant shall pay 71,00,000 won to the plaintiff and 24% per annum from March 1, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 2010, the Plaintiff lent KRW 30,000,000 to the Defendant, etc. from September 2009 to January 2012, the Plaintiff leased KRW 71,00,000 in total on a one-time basis, including lending KRW 30,000 to the Defendant.
B. Around February 2013, the Defendant agreed to pay KRW 15,000,000 among the Plaintiff and each of the above loans to pay KRW 71,000,000 until April 30, 2013, and KRW 11,00,000 until September 30, 2013, and KRW 45,000 until December 31, 2013, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, Gap evidence 3-5, 7, Eul evidence 4 and 6, the purport of the whole pleadings
2. According to the above facts, the Defendant is obligated to pay the Plaintiff the sum of KRW 71,00,000,000 for each of the above loans. On the other hand, there is no dispute between the parties that the agreement on each of the above loans is 2% per month, and the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of KRW 71,00,000 for each of the above loans and the interest rate of KRW 24% per annum from March 1, 2013 to the date of full payment as sought by the Plaintiff.
In regard to this, the defendant argued to the effect that even though the plaintiff and the defendant set interest on each of the above loans at 2% per month, 3% per month or 5% per month, and paid interest on all of the loans in excess of 15,790,000 won per month as of February 2013, it should be appropriated for the repayment of the borrowed principal. However, it is insufficient to recognize that the defendant paid the interest in excess of the interest as alleged by the plaintiff on each of the above loans, and there is no other evidence to support this, and the above assertion is without merit.
On the other hand, the Defendant asserts that, on the other hand, the agreement on interest on each of the above loans was 3% to 5% per month other than 2% per month, and on the other hand, the sum of interest paid in excess of 2% per month of the agreed interest is 15,790,000 won.