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1. The Defendant shall pay to the Plaintiff KRW 27,162,912 and the interest rate of KRW 30% per annum from September 23, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 30, 2013, the Plaintiff loaned interest to the Defendant by means of remitting the amount of KRW 60 million to the Defendant’s account, which was set as three copies per month (four copies per month in time) and on November 30, 2013.
(hereinafter “instant loan”). After October 17, 2013, the Plaintiff additionally transferred KRW 5 million to the Defendant on the following grounds: (a) on October 17, 2013.
B. The Defendant paid to the Plaintiff KRW 1.8 million on November 1, 2013, KRW 2.5 million on November 201, 2013, KRW 2.5 million on November 20, 2013, KRW 3.25 million on December 18, 2013, KRW 7.6 million on January 3, 2014, KRW 5.24 million on January 22, 2014, KRW 6.4 million on February 26, 2014, KRW 7.4 million on March 25, 2014, KRW 8.3 million on March 25, 2014, KRW 9 million on May 22, 2014, KRW 9 million on June 20, KRW 2014, KRW 9.4 million on July 19, 2014, respectively.
(hereinafter referred to as “amount to be paid” or “amount to be paid”. [The grounds for recognition: the fact that there is no dispute, Gap’s evidence Nos. 1 and 2, Eul’s evidence No. 1, and the purport of the whole pleadings]
2. The allegations by the parties and the determination thereof
A. 1) The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30% per annum, which is the maximum interest rate under Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) with respect to the outstanding principal (i.e., 60 million won - 8 million won) and the outstanding principal from among the instant loans from August 1, 2014 to the date of full payment. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 1.5 million won per annum, which is the maximum interest rate of 1.5 million won under Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014). The Defendant paid to the Plaintiff KRW 16.8 million (i.e., 2., the outstanding interest rate of KRW 4,500,000,000 to the instant loans).