1. The Defendant calculated the Plaintiff at the rate of 9% per annum from July 12, 2012 to August 8, 2016.

Basic Facts

The Plaintiff remitted total of KRW 289.5 million to the Defendant on November 26, 2009, KRW 70 million on November 27, 2009, KRW 70 million on December 14, 2009, KRW 69.5 million on December 15, 2009, and KRW 289.5 million on December 15, 2009.

On July 12, 2012, the Defendant prepared and delivered to the Plaintiff a loan certificate stating “30 million won of the loan, the due date for payment, September 30, 2012, and 9% of the interest rate per annum.”

[Ground of recognition] In light of the fact that there is no dispute, Gap 1 through 3's each statement, the purport of the entire pleadings from November 26, 2009 to the delivery date of the original copy of the instant payment order, and the fact of the basis for determining damages for delay, the defendant is obligated to pay to the plaintiff the interest calculated at the rate of 9% per annum (from July 12, 2012 to August 8, 2016, the date on which the loan certificate was prepared to pay the interest of 9% per annum for the loan amounting to 300 million won per annum.

The Plaintiff sought payment of interest and damages for delay calculated at the rate of 9% per annum, the agreed interest rate of KRW 300 million from November 26, 2009, but there is no evidence to prove that there was the above interest agreement between the Plaintiff and the Defendant prior to the completion of the loan certificate. Thus, the above part claim is without merit.

In conclusion, the Plaintiff’s claim for the interest on the above period and the damages for delay is justified within the scope of the above recognition, and the remainder of the claim shall be dismissed as it is without merit. Since the judgment on the interest on the above period and damages for delay was omitted in the judgment rendered on May 31, 2016, the court rendered an additional judgment on the omitted part under Article 212(1) of the