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1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from August 3, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. On February 12, 2016, the Defendant drafted to the Plaintiff a certificate of borrowing that “The interest rate of KRW 50,000,000 for the borrowed money shall be KRW 5% per month and the due date shall be determined and borrowed at the request of the Plaintiff.”
(A) The Defendant, on December 30, 2016, 1200 D 10,000 D 30,000 D 32, 2016, December 19, 2016, 2016: (a) 30,000,000 D 4 April 30, 20,000 D 4 on March 30, 2016; (b) Defendant 50,000 on March 30, 200,00 on May 2016, 2016; (c)
B. Around that time, from the Plaintiff’s account on February 12, 2016 to March 11, 2016, the sum of KRW 50,000,000 for D as indicated in the table below (No. 123) and the Defendant totaled KRW 46,10,000 for the Defendant (No. 456) were deposited respectively.
C. On June 30, 2017, the Defendant prepared to the Plaintiff a certificate of borrowing that “The interest rate of KRW 73,150,000 for the borrowed money shall be 5% per month and the maturity shall be determined and borrowed at the request of the Plaintiff.”
(A) No. 2, hereinafter referred to as “the second loan”). The loan is the amount calculated by adding the principal amount of KRW 50,000,000 and the interest of KRW 5% per month thereto.
The Plaintiff asserts that “the amount calculated by adding interest at 50 million won to the principal and 5% interest on the borrowed amount as stated in the second loan certificate” (the preparatory document dated December 7, 2018). The subsequent calculation amount is 95,00,000 won [the amount calculated at 50,000,000 won x 18 months x 5%) x 5%) and the borrowed amount are not in accord with the borrowed amount of 73,150,000 won. However, the Plaintiff only seeks a loan principal in consideration of the statutory limit. As such, the Plaintiff does not separately calculate the interest on borrowed amount applying the statutory limit rate. On June 30, 2017, the Defendant prepared the loan certificate at 5,00,000 won to the Plaintiff as stated in the loan certificate at 30,000 won (the loan certificate at 84,787,000 won and the loan certificate at 30,000 won).
The defendant is entitled to each of the loans of this case.