beta
Text
1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 25% per annum from March 10, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 29, 2016, the Plaintiff agreed to lend KRW 100,000,000 between the Defendant and the Defendant at an interest rate of 8% per month and the due date of repayment on February 1, 2017, respectively. The Plaintiff agreed to lend to the Defendant at an interest rate of 8% per month and that of February 1, 2017. The same year for the Defendant
8.1. 50,000,000 won were paid respectively.
B. On September 7, 2016, the Plaintiff agreed to lend KRW 100,000,000 between the Defendant and the Defendant at an interest rate of 12% per month and October 4, 2017, respectively, and paid KRW 100,000,000 to the Defendant on the same day.
C. On October 6, 2016, the Plaintiff agreed with the Defendant to change the payment period to the rate of 6% per month as stipulated in the agreement made on September 7, 2016, and the period of repayment to November 1 of the same year.
On the other hand, at the time of each of the above agreements, the defendant agreed to lose the benefit of time and immediately repay the principal of each of the above lending when he delays the payment of interest under each of the above agreements with the plaintiff for more than two months.
E. The Defendant did not pay interest under each of the above agreements to the Plaintiff after November 2016.
【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 1, Gap’s evidence 2-1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 25% per annum, which is the interest rate within the scope of the limitation under the Interest Limitation Act, prior to the delivery day of the copy of the complaint of this case from March 10, 2017 to the day of full payment, as the Plaintiff seeks.
B. The defendant's assertion and judgment 1) The defendant's assertion and judgment 1 are as follows: Gap's evidence 1 (money borrowed contract), Gap evidence 2-1 (money borrowed contract) and Gap evidence 2-2 (money borrowed contract). The plaintiff's introduction does not take into account the legal effect of each of the above disposition documents at the time of investment in the Junket business.