beta
Text
1. Based on the Plaintiff’s appeal, the judgment of the first instance court is modified as follows.
The defendant shall pay to the plaintiff KRW 5,000,000.
Reasons
1. Facts of recognition;
A. The Defendant borrowed KRW 10,000,000 from the Plaintiff around August 2002.
B. On February 1, 2005, the Defendant prepared and delivered to the Plaintiff the loan certificate stating “10,000,000 won which the principal borrowed and promised to repay after the loan (hereinafter “the loan certificate of this case”).
C. From November 2, 2015 to February 8, 2007, the Defendant remitted money to the Plaintiff as indicated in the following table (hereinafter “instant table”).
Amounting to the date of remittance of KRW 5,200,000 on November 2, 2005, KRW 100,000 on December 2, 2005, KRW 100,000 on January 4, 2006, KRW 100,000 on February 3, 2006, KRW 200,00 on April 3, 2006, KRW 200 on April 20, 2006, KRW 50,000 on December 25, 2006, KRW 10,000 on February 8, 2007 [based] without dispute, each entry in Party A’s evidence, and 2 evidence, and the purport of the whole pleadings.
2. Determination
A. In full view of the following circumstances acknowledged by Gap's evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, it is reasonable to view that the plaintiff lent the interest rate of KRW 10,000,000 to the defendant around August 2002, at the rate of KRW 24% per annum (2% per annum). The plaintiff was paid KRW 5,000,000 from the defendant on November 2, 2005. Thus, it is reasonable to view that the defendant did not pay the plaintiff the interest of KRW 5,00,000, and the interest of KRW 250,000 paid by the defendant on December 5, 2006 on the date on which the defendant's payment of interest was made to the first policeman on February 8, 2007, which should have been made by the defendant on May 2, 206.
Since then, as the plaintiff seeks, it is obligated to pay the interest rate of 24% per annum from February 9, 2007 to the date of full payment.
1. The Defendant: (a) borrowed KRW 10,00,000 from the Plaintiff in order to assist the Plaintiff to suffer from a flood disaster around August 2002; (b) on February 1, 2005, the Defendant prepared and delivered to the Plaintiff the instant loan certificate stating that the Plaintiff borrowed KRW 10,000,000. The money between August 1, 2002 and February 1, 2005 is money between the Plaintiff and the Defendant.