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1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 23, 2018 to May 28, 2019.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence No. 2, Gap evidence No. 4-1, Eul evidence No. 1-4, and Eul evidence No. 2, together with the whole purport of the pleadings:
The Plaintiff lent KRW 9 million to the Defendant on December 3, 2009; KRW 3 million on December 25, 2009; KRW 20 million on December 28, 2009; KRW 5 million on January 8, 2010; KRW 5 million on January 5, 2010; KRW 10 million on January 27, 2010; and KRW 58 million on February 5, 2010, respectively.
B. On February 24, 2010, the Defendant repaid to the Plaintiff KRW 6 million on March 19, 2010, KRW 5 million on March 19, 2010, KRW 3 million on June 10, 2010, KRW 10 million on August 8, 2013, and KRW 34 million on October 11, 2013, respectively.
2. The plaintiff's assertion that the plaintiff argued that the amount the plaintiff lent to the defendant is KRW 61 million in total ( KRW 3 million in cash or KRW 58 million in cash or cashier's checks at around 2010) and that he/she shall pay interest at 24% per annum. The plaintiff's assertion that he/she received KRW 14 million in repayment from the defendant around 2010 and received KRW 20 million in repayment from the defendant around 2013 as interest, and thus he/she received KRW 47 million in the remaining loan principal (= KRW 61 million in loan principal) and delayed payment from the defendant.
3. Determination
A. 1) The Plaintiff’s assertion that the sum of the leased principal leased to the Defendant is KRW 58 million as stated in the above 1. A. 2, 3, and 5 is insufficient to acknowledge the Plaintiff’s assertion that “the Plaintiff lent KRW 3 million to the Defendant by cash or cashier’s checks around 2010,” and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s assertion on this part is without merit.
B. Whether there was an interest agreement, each statement in the evidence Nos. 1 and 3 alone is an interest at the time of lending the above money between the Plaintiff and the Defendant.