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1. The Defendant shall pay to the Plaintiff KRW 46,895,788 and the interest rate of KRW 25% per annum from December 7, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 22, 2013, the Plaintiff prepared a certificate of loan with the Defendant stating that KRW 50 million shall have been paid on March 22, 2014 as the due date and that KRW 1.3 million shall be paid the interest of KRW 1.3 million every month, and on the same day, transferred KRW 48.7 million after deducting KRW 1.3 million from the Defendant.
B. On March 24, 2014, the Defendant prepared a loan certificate stating that “the Defendant was unable to repay KRW 50 million, which was agreed to repay by March 22, 2014, and the remainder of KRW 40 million, by March 29, 2014, the Defendant promised to repay in installments at the end of April and twice at the end of May” (hereinafter “each of the instant loan certificates”) to the Plaintiff on March 24, 2014 (hereinafter “each of the instant loans”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
A. According to the judgment on the cause of the claim (1) The defendant is obligated to pay the loan amount of KRW 50 million and interest or delay damages to the plaintiff, barring special circumstances.
(2) On the other hand, whether the interest exceeds the limited interest rate shall be determined based on the interest rate under the limited interest rate for the period from the date of loan to the due date, excluding the prior interest deduction amount, based on the amount actually received by the debtor. If the amount of prior interest deduction (if the debtor has any interest that was actually paid until the due date, including such interest), if any, exceeds the result of such determination, the excess amount shall be appropriated for the loan principal before the due date and the remainder after such appropriation shall be the loan principal that the debtor has to pay at the due date (see Supreme Court Decision 2014Da24785, 24792, 2488, Nov. 13, 2014). The Plaintiff paid KRW 4870,000 after deducting the prior interest and KRW 1.3 million, as seen earlier.