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1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate from March 14, 2003 to October 31, 2014.
Reasons
1. On November 14, 2002, the Plaintiff entered into a contract with the Defendant on December 14, 2002 under which the Plaintiff leased KRW 200,000,000 to the Defendant on a due date as of December 14, 2003; however, the Plaintiff set the interest rate of KRW 60,000 to be paid together with the principal at the due date (hereinafter “instant contract”); and on March 14, 2003, lent KRW 20,000 to the Defendant.
(hereinafter “instant loan”), . [Grounds for recognition] without dispute, entry of evidence A Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the amount of KRW 200,000,000 as loans and the amount of KRW 200,000 from March 14, 200 to October 31, 2014, a copy of the instant complaint was served on the Plaintiff, as the Plaintiff seeks, at the time of the Plaintiff’s request, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. The defendant's assertion 1) The defendant asserts that the plaintiff has a debt of KRW 800 million including the loan in this case, and the plaintiff transferred ownership in order to secure it, and that the above 800 million won real estate was returned to the plaintiff's son and the plaintiff, and the above 800 million won was paid monthly interest before November 2014. Thus, the above real estate was sold and the above 800 million won was not obligated to repay the loan in this case until the settlement of the price or the ownership of the above real estate was transferred. However, the defendant asserts that the above argument is insufficient to acknowledge the above argument, and there is no other evidence to acknowledge it. 2) The defendant asserts that the 5-year extinctive prescription period for the loan in this case has expired as to the loan in this case.
The facts of the above recognition and the entries of the evidence No. 3-1 to No. 3 are all the arguments.