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1. The defendant shall pay 145,00,000 won to the plaintiff and 24% per annum from April 13, 2012 to the day of complete payment.
Reasons
1. The purport of the Plaintiff’s loan of KRW 210,000,000 to the Defendant at an annual interest rate of 24% from May 26, 2009 to April 4, 2011 is either a dispute between the parties, or a dispute between the parties, and the purport of the evidence Nos. 1, 2, and 1, 2, and the entire pleadings is recognized.
Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 145 million, excluding the principal paid to the plaintiff at KRW 210 million in total of the above loan principal and the damages for delay calculated at the rate of 24% per annum, which is the agreement rate from April 13, 2012 to the date of full payment, as the plaintiff seeks.
2. On April 201 to May 5, 201, the Defendant agreed to settle the remaining principal of the Plaintiff and the remaining principal at KRW 145 million, and repay the remaining principal without any separate interest until August 31, 2012. Since the Defendant subsequently repaid KRW 94.65 million, the Defendant asserts that the Defendant is obliged to pay KRW 50,350,000,000,000,000,000,000,000.
On the other hand, the defendant bears the burden of proof of exemption of interest claimed by the defendant.
In addition, according to Gap evidence No. 1, it is recognized that the defendant prepared a certificate of loan that the plaintiff shall pay 145 million won to the plaintiff by August 31, 2012, without stating the date of preparation.
However, the following circumstances acknowledged by the evidence Nos. 2 and 1 and 2 of the evidence Nos. 2, namely, the Defendant paid to the Plaintiff KRW 3.7 million each month from June 201 to December 201 of the same year. The above amount corresponds to the amount of KRW 2% per month for the remaining principal of KRW 185 million until the time the Plaintiff asserts, and the Defendant repaid the Plaintiff KRW 40 million each on January 27, 2012 and paid KRW 2.9 million each on March 7, 2012 to the Plaintiff. This is against the above KRW 185 million, excluding KRW 40 million.