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1. The Defendant’s KRW 81,495,890 among the Plaintiff and KRW 80,000 among them, 5% per annum from August 31, 2011 to October 30, 2019.
Reasons
1. According to the evidence evidence evidence Nos. 1, 2, and 3, the following facts are acknowledged: ① (a) on March 11, 2011, the Plaintiff loaned KRW 70 million to the Defendant on April 5, 2011; (b) on the due date, the Plaintiff agreed to receive KRW 30 million as interest during the due date (hereinafter referred to as “first lending”); and (c) on August 16, 201, the Plaintiff lent KRW 10 million to the Defendant on August 30, 201 without interest (hereinafter referred to as “second lending”).
In this regard, the Defendant alleged that “the amount of KRW 70 million invested by the Plaintiff, not the loan,” but the amount invested by the Plaintiff C,” but there is no evidence to reverse the recognized contents.
2. Of the first lending agreement, the interest agreement is effective within the scope of the provision on the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) (30% per annum).
Accordingly, when calculating interest from March 11, 201 to April 5, 2011, 1,495,890 won (=70 million won x 0.3 x 26/365).
3. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 81,495,890 (i.e., KRW 10 million in the leased principal of KRW 70 million in KRW 2,000,000 and KRW 1495,890 in KRW 10,000 in the leased principal of KRW 10,000 in the loan and KRW 80,000 in the loan principal of KRW 1 and KRW 2,000 in the loan from August 31, 2011 (the next day of the due date of each loan. The Plaintiff is the person who extended the due date for each loan of KRW 1 until August 30, 2011), which is the delivery date of the copy of the complaint of this case, to the Plaintiff at least five percent per annum as stipulated in the Civil Act and the delay damages at each rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date
4. The plaintiff's claim is reasonable, and it is so decided as per Disposition.