Text
1. The defendant shall pay 48 million won to the plaintiff and 24% per annum from July 24, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff’s respective loan claims 1) on September 10, 2018 and September 21, 2018, the Plaintiff determined and lent a total of KRW 50 million to the Defendant on October 21, 2018 and the monthly interest rate of KRW 5% (hereinafter “instant loan”).
(2) The Plaintiff, separate from the instant loan claim, has a loan claim against the Defendant with the principal amounting to KRW 70 million on May 30, 2018 (hereinafter “ separate loan”).
B. (1) From September 6, 2018 to June 12, 2019, the Plaintiff received a total of KRW 34.2 million on eight occasions as interest on each of the above loans. (2) The Plaintiff calculated the Plaintiff’s total of KRW 34.2 million on a separate loan at the interest rate of KRW 24% per annum from May 30, 2018 to September 29, 2019; (2) from September 21, 2018 to September 21, 2019 to KRW 10 million on the instant loan, the Plaintiff’s total of KRW 30,000 from September 21, 2018 to July 23, 2019 to KRW 30,000,000 from September 21, 2018 to KRW 70,000 on a separate loan, but without serving the written complaint at the rate of KRW 1,000,0000 on the date of the instant loan.
It was calculated at the same rate as interest, and ③ the remainder 1.8 million won was appropriated for the principal of the loan in this case.
[Ground] Facts without dispute, Gap 1-6 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 48.2 million among the loan principal of this case and the damages for delay calculated by the rate of 24% per annum as stipulated in the Interest Limitation Act within the agreed interest rate from July 24, 2019 to the date of full payment, as the Plaintiff seeks.