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1. As to KRW 32,92,926 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from May 1, 2014 to July 25, 2018.
Reasons
1. Basic facts
A. The Plaintiff, around August 2007, lent to the Defendant a total of KRW 30,000,000 (= KRW 10,000,000,000) around April 2008, and KRW 20,000,000 (= KRW 20,000,000,000; hereinafter “instant loan”) at interest rate of 12% per annum (per annum).
B. On May 2008, the Plaintiff subscribed to a fake of KRW 10,000,00 (hereinafter “instant valley”). Of KRW 400,000,000 to be paid each month between the Defendant and the Defendant, KRW 300,000 shall be paid monthly interest on the instant loan that the Plaintiff had to receive from the Defendant (i.e., KRW 300,000 (= KRW 30,000,000 x 1% per month) on the ground that the Plaintiff exempted the payment of the monthly interest on the instant loan that the Plaintiff had to receive from the Defendant. On the other hand, the Plaintiff shall pay the monthly amount of KRW 100,000 after deducting the said KRW 30,000,000 (= KRW 400,000 - 30,000,000).
(The accounts of this case were concluded on December 25, 2009).
The Plaintiff received all of the KRW 10,00,000,000 from the Defendant on September 25, 2009, and KRW 3,500,000 on June 4, 2010, and KRW 1,000,000 on May 8, 2013, and KRW 50,000,00 on May 9, 2013 (i.e., KRW 5,000,000 on KRW 3,50,000,000 on KRW 5,000).
Meanwhile, until December 25, 2009 when the instant accounts were terminated, the Defendant paid the amount equivalent to 12% per annum as part of the monthly payment (i.e., 1% per month x 12) as interest per month, and was urged the Plaintiff to receive the instant loan by failing to pay interest thereafter, and as a result, on April 29, 2010, the loan certificate stating that “30,000,000 won was borrowed on April 29, 2010.”
(E) The Plaintiff prepared and delivered the instant loan. At the Defendant’s request, around February 2012, the Plaintiff paid interest on the instant loan (i.e., 6% per annum (i.e., 0. per month x 12% per month). After the completion of the instant accounting, the Defendant paid each of the money as indicated below as interest on the instant loan to the Plaintiff, and the remaining interest amount after appropriation of performance is also the same Table.