Text
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from December 8, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 29, 2012, the Plaintiff leased money to the Defendant several occasions and received interest, and on November 29, 2012, the Plaintiff additionally lent KRW 10,000 to the Defendant, and the Defendant prepared a certificate of borrowing KRW 20 million up to the time to the Plaintiff with the repayment of KRW 20 million to the Plaintiff on November 29, 2013.
B. Since that, the Defendant paid monthly interest to the Plaintiff, KRW 5 million on January 5, 2014, and the same year.
8. On December 2, 2014, under the condition that the principal of KRW 5 million is repaid to the Plaintiff and the principal of KRW 10,000 is remaining, the Plaintiff borrowed KRW 10,000 from the Plaintiff on December 2, 2014 and paid interest again on February 16, 2015, and the Plaintiff additionally borrowed KRW 4 million on May 6, 2015, respectively.
5. 18. Diplomatic Affairs
5. The loan principal is 30 million won (=20 million won-5 million won-5 million won) with the repayment of principal in 2 million won each of 19.2 million won (2 million won-2 million won-2 million won).
C. After preparing the above loan certificate, the Plaintiff did not set the repayment period for each of the above loans lent to the Defendant.
[Grounds for recognition] Each entry of Gap evidence 1 through 4 (including branch numbers), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 8, 2015 to the date following the due date for payment of the total amount of the loan by serving an application for modification of the purport of the instant claim, which includes the purport of claiming the return of the loan principal 30,000 won and the purport of claiming the return of the loan as requested by the Plaintiff.
B. As to this, the Defendant alleged that the sum of the money remitted by the Defendant to the Plaintiff by August 11, 2015 remains at KRW 37.5 million, but the loan principal of this case remains at KRW 4 million.0 million. However, each of the entries in the evidence Nos. 1 through 4 exceeds the above principal that the Plaintiff received.