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1. The Defendant’s KRW 38,432,872 and KRW 35,087,540 among the Plaintiff’s KRW 5% per annum from July 7, 2014 to July 22, 2014.
Reasons
1. The Defendant’s determination on the cause of the claim is without dispute between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as stated in the evidence No. 1-1, No. 1-2, No. 2, and No. 2, and No. 3, No. 1-2, and No. 3, No. 1-2, and No. 2, and No. 1-3, No. 2010, Oct. 1, 2013; and No. 11, Oct. 1, 2013.
According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 50 million and interest or delay damages on the loan of this case, unless there are special circumstances.
2. Judgment on the parties' arguments
A. The Defendant asserted that with respect to the instant loan, the Plaintiff repaid to the Plaintiff KRW 2,066,00 as principal over several occasions from November 11, 2013 to March 12, 2014, and even if the principal is not repaid, the interest rate of KRW 10,00 per month on the instant loan is null and void in accordance with the Interest Limitation Act.
The plaintiff asserts that the money received from the defendant was received as interest on the loan of this case.
B. (1) The determination is that the Defendant paid to the Plaintiff KRW 2,60,000 on eight occasions, including KRW 3 million on November 11, 2013, KRW 200,000 on November 12, 2013, KRW 500,000 on December 13, 2013, KRW 240,00 on February 16, 2014, KRW 250,00 on March 7, 2014, KRW 880,00 on March 11, 2014, KRW 30,000 on March 12, 2014, KRW 2,660,00 on August 12, 2014, or KRW 1-3,000 on each of the following grounds: there is no dispute between the parties; or the purport of the evidence No. 1-1 through 3-3, and the entire pleadings are recognized.
Furthermore, with respect to the Defendant’s assertion that the money paid as above should be appropriated as the original debt of the instant loan, the health room and the fact that the money paid by the Defendant to the Plaintiff is insufficient to fully extinguish the entire debt of the instant loan. As such, the Plaintiff and the Defendant will cover the said repayment with the principal of the instant loan.